Florida Senate - 2019 SB 124 By Senator Bean 4-00312A-19 2019124__ 1 A bill to be entitled 2 An act relating to dependent children; amending s. 3 744.1097, F.S.; specifying the venue in proceedings 4 for the appointment of a guardian for a child who has 5 been adjudicated dependent; amending s. 985.43, F.S.; 6 authorizing a court to receive and consider any 7 information provided by the Guardian Ad Litem Program 8 and the child’s attorney ad litem if a child is under 9 the jurisdiction of a dependency court; amending s. 10 985.441, F.S.; requiring the Department of Juvenile 11 Justice, if a child is under the jurisdiction of a 12 dependency court, to provide notice to the dependency 13 court and the Department of Children and Families, 14 and, if appointed, the Guardian Ad Litem Program and 15 the child’s attorney ad litem; amending s. 985.455, 16 F.S.; authorizing a court to receive and consider any 17 information provided by the Guardian Ad Litem Program 18 or the child’s attorney ad litem if a child is under 19 the jurisdiction of a dependency court; amending s. 20 985.461, F.S.; adding the Guardian Ad Litem Program as 21 an authorized entity of community reentry teams under 22 which the Department of Juvenile Justice is authorized 23 to provide transition-to-adulthood services to certain 24 children; reenacting ss. 322.051(9), 322.21(1)(f), and 25 382.0255(3), F.S., relating to identification cards, 26 license fees, and fees, respectively, to incorporate 27 the amendment made to s. 985.461, F.S., in references 28 thereto; providing an effective date. 29 30 Be It Enacted by the Legislature of the State of Florida: 31 32 Section 1. Subsection (2) of section 744.1097, Florida 33 Statutes, is amended to read: 34 744.1097 Venue.— 35 (2) The venue in proceedings for the appointment of a 36 guardian shall be: 37 (a) If the incapacitated person is a resident of this 38 state, in the county where the incapacitated person resides. 39 (b) If the incapacitated person is not a resident of this 40 state, in any county in this state where property of the 41 incapacitated person is located. 42 (c) If the incapacitated person is not a resident of this 43 state and owns no property in this state, in the county where 44 any debtor of the incapacitated person resides. 45 (d) If the incapacitated person is a child who has been 46 adjudicated dependent pursuant to chapter 39, in the county 47 where the child resides or in the county with jurisdiction of 48 the dependency case. 49 Section 2. Subsection (2) of section 985.43, Florida 50 Statutes, is amended to read: 51 985.43 Predisposition reports; other evaluations.— 52 (2) The court shall consider the child’s entire assessment 53 and predisposition report and shall review the records of 54 earlier judicial proceedings before
prior tomaking a final 55 disposition of the case. If the child is under the jurisdiction 56 of a dependency court, the court may receive and consider any 57 information provided by the Guardian Ad Litem Program and the 58 child’s attorney ad litem, if appointed. The court may, by 59 order, require additional evaluations and studies to be 60 performed by the department; the county school system; or any 61 social, psychological, or psychiatric agency of the state. The 62 court shall order the educational needs assessment completed 63 under s. 985.18(2) to be included in the assessment and 64 predisposition report. 65 Section 3. Subsection (4) of section 985.441, Florida 66 Statutes, is amended to read: 67 985.441 Commitment.— 68 (4) The department may transfer a child, when necessary to 69 appropriately administer the child’s commitment, from one 70 facility or program to another facility or program operated, 71 contracted, subcontracted, or designated by the department, 72 including a postcommitment nonresidential conditional release 73 program, except that the department may not transfer any child 74 adjudicated solely for a misdemeanor to a residential program 75 except as provided in subsection (2). The department shall 76 notify the court that committed the child to the department and 77 any attorney of record for the child, in writing, of its intent 78 to transfer the child from a commitment facility or program to 79 another facility or program of a higher or lower restrictiveness 80 level. If the child is under the jurisdiction of a dependency 81 court, the department shall also provide notice to the 82 dependency court and the Department of Children and Families, 83 and, if appointed, the Guardian Ad Litem Program and the child’s 84 attorney ad litem. The court that committed the child may agree 85 to the transfer or may set a hearing to review the transfer. If 86 the court does not respond within 10 days after receipt of the 87 notice, the transfer of the child shall be deemed granted. 88 Section 4. Subsection (3) of section 985.455, Florida 89 Statutes, is amended to read: 90 985.455 Other dispositional issues.— 91 (3) Any commitment of a delinquent child to the department 92 must be for an indeterminate period of time, which may include 93 periods of temporary release; however, the period of time may 94 not exceed the maximum term of imprisonment that an adult may 95 serve for the same offense, except that the duration of a 96 minimum-risk nonresidential commitment for an offense that is a 97 misdemeanor of the second degree, or is equivalent to a 98 misdemeanor of the second degree, may be for a period not to 99 exceed 6 months. The duration of the child’s placement in a 100 commitment program of any restrictiveness level shall be based 101 on objective performance-based treatment planning. The child’s 102 treatment plan progress and adjustment-related issues shall be 103 reported to the court quarterly, unless the court requests 104 monthly reports. If the child is under the jurisdiction of a 105 dependency court, the court may receive and consider any 106 information provided by the Guardian Ad Litem Program or the 107 child’s attorney ad litem, if appointed. The child’s length of 108 stay in a commitment program may be extended if the child fails 109 to comply with or participate in treatment activities. The 110 child’s length of stay in the program shall not be extended for 111 purposes of sanction or punishment. Any temporary release from 112 such program must be approved by the court. Any child so 113 committed may be discharged from institutional confinement or a 114 program upon the direction of the department with the 115 concurrence of the court. The child’s treatment plan progress 116 and adjustment-related issues must be communicated to the court 117 at the time the department requests the court to consider 118 releasing the child from the commitment program. The department 119 shall give the court that committed the child to the department 120 reasonable notice, in writing, of its desire to discharge the 121 child from a commitment facility. The court that committed the 122 child may thereafter accept or reject the request. If the court 123 does not respond within 10 days after receipt of the notice, the 124 request of the department shall be deemed granted. This section 125 does not limit the department’s authority to revoke a child’s 126 temporary release status and return the child to a commitment 127 facility for any violation of the terms and conditions of the 128 temporary release. 129 Section 5. Paragraph (b) of subsection (4) of section 130 985.461, Florida Statutes, is amended to read: 131 985.461 Transition to adulthood.— 132 (4) As part of the child’s treatment plan, the department 133 may provide transition-to-adulthood services to children 134 released from residential commitment. To support participation 135 in transition-to-adulthood services and subject to 136 appropriation, the department may: 137 (b) Use community reentry teams to assist in the 138 development of a list of age-appropriate activities and 139 responsibilities to be incorporated in the child’s written case 140 plan for any youth who is under the custody or supervision of 141 the department. Community reentry teams may include 142 representatives from school districts, law enforcement, 143 workforce development services, community-based service 144 providers, the Guardian Ad Litem Program, and the youth’s 145 family. Such community reentry teams must be created within 146 existing resources provided to the department. Activities may 147 include, but are not limited to, life skills training, including 148 training to develop banking and budgeting skills, interviewing 149 and career planning skills, parenting skills, personal health 150 management, and time management or organizational skills; 151 educational support; employment training; and counseling. 152 Section 6. For the purpose of incorporating the amendment 153 made by this act to section 985.461, Florida Statutes, in a 154 reference thereto, subsection (9) of section 322.051, Florida 155 Statutes, is reenacted to read: 156 322.051 Identification cards.— 157 (9) Notwithstanding any other provision of this section or 158 s. 322.21 to the contrary, the department shall issue or renew a 159 card at no charge to a person who presents evidence satisfactory 160 to the department that he or she is homeless as defined in s. 161 414.0252(7), to a juvenile offender who is in the custody or 162 under the supervision of the Department of Juvenile Justice and 163 receiving services pursuant to s. 985.461, to an inmate 164 receiving a card issued pursuant to s. 944.605(7), or, if 165 necessary, to an inmate receiving a replacement card if the 166 department determines that he or she has a valid state 167 identification card. If the replacement state identification 168 card is scheduled to expire within 6 months, the department may 169 also issue a temporary permit valid for at least 6 months after 170 the release date. The department’s mobile issuing units shall 171 process the identification cards for juvenile offenders and 172 inmates at no charge, as provided by s. 944.605 (7)(a) and (b). 173 Section 7. For the purpose of incorporating the amendment 174 made by this act to section 985.461, Florida Statutes, in a 175 reference thereto, paragraph (f) of subsection (1) of section 176 322.21, Florida Statutes, is reenacted to read: 177 322.21 License fees; procedure for handling and collecting 178 fees.— 179 (1) Except as otherwise provided herein, the fee for: 180 (f) An original, renewal, or replacement identification 181 card issued pursuant to s. 322.051 is $25, except that an 182 applicant who presents evidence satisfactory to the department 183 that he or she is homeless as defined in s. 414.0252(7); his or 184 her annual income is at or below 100 percent of the federal 185 poverty level; or he or she is a juvenile offender who is in the 186 custody or under the supervision of the Department of Juvenile 187 Justice, is receiving services pursuant to s. 985.461, and whose 188 identification card is issued by the department’s mobile issuing 189 units is exempt from such fee. Funds collected from fees for 190 original, renewal, or replacement identification cards shall be 191 distributed as follows: 192 1. For an original identification card issued pursuant to 193 s. 322.051, the fee shall be deposited into the General Revenue 194 Fund. 195 2. For a renewal identification card issued pursuant to s. 196 322.051, $6 shall be deposited into the Highway Safety Operating 197 Trust Fund, and $19 shall be deposited into the General Revenue 198 Fund. 199 3. For a replacement identification card issued pursuant to 200 s. 322.051, $9 shall be deposited into the Highway Safety 201 Operating Trust Fund, and $16 shall be deposited into the 202 General Revenue Fund. Beginning July 1, 2015, or upon completion 203 of the transition of the driver license issuance services, if 204 the replacement identification card is issued by the tax 205 collector, the tax collector shall retain the $9 that would 206 otherwise be deposited into the Highway Safety Operating Trust 207 Fund and the remaining revenues shall be deposited into the 208 General Revenue Fund. 209 Section 8. For the purpose of incorporating the amendment 210 made by this act to section 985.461, Florida Statutes, in a 211 reference thereto, subsection (3) of section 382.0255, Florida 212 Statutes, is reenacted to read: 213 382.0255 Fees.— 214 (3) Fees shall be established by rule. However, until rules 215 are adopted, the fees assessed pursuant to this section shall be 216 the minimum fees cited. The fees established by rule must be 217 sufficient to meet the cost of providing the service. All fees 218 shall be paid by the person requesting the record, are due and 219 payable at the time services are requested, and are 220 nonrefundable, except that, when a search is conducted and no 221 vital record is found, any fees paid for additional certified 222 copies shall be refunded. The department may waive all or part 223 of the fees required under this section for any government 224 entity. The department shall waive all fees required under this 225 section for a certified copy of a birth certificate issued for 226 purposes of an inmate acquiring a state identification card 227 before release pursuant to s. 944.605(7) and for a juvenile 228 offender who is in the custody or under the supervision of the 229 Department of Juvenile Justice and receiving services under s. 230 985.461. 231 Section 9. This act shall take effect upon becoming a law.