Florida Senate - 2024                                    SB 1224
       
       
        
       By Senator Burton
       
       
       
       
       
       12-00140A-24                                          20241224__
    1                        A bill to be entitled                      
    2         An act relating to dependent children; amending s.
    3         39.001, F.S.; revising the purposes of chapter 39;
    4         requiring the Statewide Guardian ad Litem Office and
    5         circuit guardian ad litem offices to participate in
    6         the development of a certain state plan; conforming a
    7         provision to changes made by the act; amending s.
    8         39.00145, F.S.; authorizing a child’s attorney ad
    9         litem to inspect certain records; amending s.
   10         39.00146, F.S.; conforming provisions to changes made
   11         by the act; amending s. 39.0016, F.S.; requiring a
   12         child’s guardian ad litem be included in the
   13         coordination of certain educational services; amending
   14         s. 39.01, F.S.; providing and revising definitions;
   15         amending s. 39.013, F.S.; requiring the court to
   16         appoint a guardian ad litem for a child at the
   17         earliest possible time; authorizing a guardian ad
   18         litem to represent a child in other proceedings to
   19         secure certain services and benefits; authorizing the
   20         court to appoint an attorney ad litem for a child
   21         after it makes certain determinations; authorizing an
   22         attorney ad litem to represent a child in other
   23         proceedings to secure certain services and benefits;
   24         amending s. 39.01305, F.S.; revising legislative
   25         findings; revising provisions relating to the
   26         appointment of an attorney ad litem for certain
   27         children; authorizing the court to appoint an attorney
   28         ad litem after making certain determinations;
   29         providing requirements for the appointment and
   30         discharge of an attorney ad litem; authorizing an
   31         attorney ad litem to represent a child in other
   32         proceedings to secure certain services and benefits;
   33         conforming provisions to changes made by the act;
   34         providing applicability; amending s. 39.0132, F.S.;
   35         authorizing a child’s attorney ad litem to inspect
   36         certain records; amending s. 39.0136, F.S.; revising
   37         the parties who may request a continuance in a
   38         proceeding; amending s. 39.01375, F.S.; conforming
   39         provisions to changes made by the act; amending s.
   40         39.0139, F.S.; conforming provisions to changes made
   41         by the act; amending s. 39.202, F.S.; requiring that
   42         certain confidential records be released to the
   43         guardian ad litem and attorney ad litem; conforming a
   44         cross-reference; amending s. 39.402, F.S.; requiring
   45         parents to consent to provide certain information to
   46         the guardian ad litem and attorney ad litem;
   47         conforming provisions to changes made by the act;
   48         amending s. 39.4022, F.S.; revising the participants
   49         who must be invited to a multidisciplinary team
   50         staffing; amending s. 39.4023, F.S.; requiring that
   51         notice of a multidisciplinary team staffing be
   52         provided to a child’s guardian ad litem and attorney
   53         ad litem; conforming provisions to changes made by the
   54         act; amending s. 39.407, F.S.; conforming provisions
   55         to changes made by the act; amending s. 39.4085, F.S.;
   56         providing a goal of permanency; conforming provisions
   57         to changes made by the act; amending ss. 39.502 and
   58         39.522, F.S.; conforming provisions to changes made by
   59         the act; amending s. 39.6012, F.S.; requiring a case
   60         plan to include written descriptions of certain
   61         activities; conforming a cross-reference; creating s.
   62         39.6036, F.S.; providing legislative findings and
   63         intent; requiring the Statewide Guardian ad Litem
   64         Office to work with certain children to identify a
   65         supportive adult to enter into a specified agreement;
   66         requiring such agreement be documented in the child’s
   67         court file; requiring the office to coordinate with
   68         the Office of Continuing Care for a specified purpose;
   69         amending s. 39.621, F.S.; conforming provisions to
   70         changes made by the act; amending s. 39.6241, F.S.;
   71         requiring a guardian ad litem to advise the court
   72         regarding certain information and to ensure a certain
   73         agreement has been documented in the child’s court
   74         file; amending s. 39.701, F.S.; requiring certain
   75         notice be given to an attorney ad litem; requiring a
   76         court to give a guardian ad litem an opportunity to
   77         address the court in certain proceedings; requiring
   78         the court to inquire and determine if a child has a
   79         certain agreement documented in his or her court file
   80         at a specified hearing; conforming provisions to
   81         changes made by the act; amending s. 39.801, F.S.;
   82         conforming provisions to changes made by the act;
   83         amending s. 39.807, F.S.; requiring a court to appoint
   84         a guardian ad litem to represent a child in certain
   85         proceedings; revising a guardian ad litem’s
   86         responsibilities and authorities; deleting provisions
   87         relating to bonds and service of pleadings or papers;
   88         amending s. 39.808, F.S.; conforming provisions to
   89         changes made by the act; amending s. 39.815, F.S.;
   90         conforming provisions to changes made by the act;
   91         repealing s. 39.820, F.S., relating to definitions of
   92         the terms “guardian ad litem” and “guardian advocate”;
   93         amending s. 39.821, F.S.; conforming provisions to
   94         changes made by the act; amending s. 39.822, F.S.;
   95         declaring that a guardian ad litem is a fiduciary and
   96         must provide independent representation of a child;
   97         revising responsibilities of a guardian ad litem;
   98         requiring that guardians ad litem have certain access
   99         to the children they represent; providing actions that
  100         a guardian ad litem does and does not have to fulfill;
  101         making technical changes; amending s. 39.827, F.S.;
  102         authorizing a child’s guardian ad litem and attorney
  103         ad litem to inspect certain records; amending s.
  104         39.8296, F.S.; revising the duties and appointment of
  105         the executive director of the Statewide Guardian ad
  106         Litem Office; requiring the training program for
  107         guardians ad litem to be maintained and updated
  108         regularly; deleting provisions regarding the training
  109         curriculum and the establishment of a curriculum
  110         committee; requiring the office to provide oversight
  111         and technical assistance to attorneys ad litem;
  112         specifying certain requirements of the office;
  113         amending s. 39.8297, F.S.; conforming provisions to
  114         changes made by the act; amending s. 39.8298, F.S.;
  115         authorizing the executive director of the Statewide
  116         Guardian ad Litem Office to create or designate local
  117         direct-support organizations; providing
  118         responsibilities for the executive director of the
  119         office; requiring that certain moneys be held in a
  120         separate depository account; conforming provisions to
  121         changes made by the act; creating s. 1009.898, F.S.;
  122         authorizing the Pathway to Prosperity program to
  123         provide certain grants to youth and young adults who
  124         are aging out of foster care; requiring grants to
  125         extend for a certain period of time after a recipient
  126         is reunited with his or her parents; amending ss.
  127         29.008, 39.6011, 40.24, 43.16, 61.402, 110.205,
  128         320.08058, 943.053, 985.43, 985.441, 985.455, 985.461,
  129         and 985.48, F.S.; conforming provisions to changes
  130         made by the act; amending ss. 39.302, 39.521, 61.13,
  131         119.071, 322.09, 394.495, 627.746, 934.255, and
  132         960.065, F.S.; conforming cross-references; providing
  133         a directive to the Division of Law Revision; providing
  134         an effective date;
  135          
  136  Be It Enacted by the Legislature of the State of Florida:
  137  
  138         Section 1. Paragraph (j) of subsection (1), paragraph (j)
  139  of subsection (3), and paragraph (a) of subsection (10) of
  140  section 39.001, Florida Statutes, are amended to read:
  141         39.001 Purposes and intent; personnel standards and
  142  screening.—
  143         (1) PURPOSES OF CHAPTER.—The purposes of this chapter are:
  144         (j) To ensure that, when reunification or adoption is not
  145  possible, the child will be prepared for alternative permanency
  146  goals or placements, to include, but not be limited to, long
  147  term foster care, independent living, custody to a relative on a
  148  permanent basis with or without legal guardianship, or custody
  149  to a foster parent or legal custodian on a permanent basis with
  150  or without legal guardianship. Permanency for a child who is
  151  transitioning from foster care to independent living includes
  152  naturally occurring, lifelong, kin-like connections between the
  153  child and a supportive adult.
  154         (3) GENERAL PROTECTIONS FOR CHILDREN.—It is a purpose of
  155  the Legislature that the children of this state be provided with
  156  the following protections:
  157         (j) The ability to contact their guardian ad litem or
  158  attorney ad litem, if one is appointed, by having that
  159  individual’s name entered on all orders of the court.
  160         (10) PLAN FOR COMPREHENSIVE APPROACH.—
  161         (a) The office shall develop a state plan for the promotion
  162  of adoption, support of adoptive families, and prevention of
  163  abuse, abandonment, and neglect of children. The Department of
  164  Children and Families, the Department of Corrections, the
  165  Department of Education, the Department of Health, the
  166  Department of Juvenile Justice, the Department of Law
  167  Enforcement, the Statewide Guardian ad Litem Office, and the
  168  Agency for Persons with Disabilities shall participate and fully
  169  cooperate in the development of the state plan at both the state
  170  and local levels. Furthermore, appropriate local agencies and
  171  organizations shall be provided an opportunity to participate in
  172  the development of the state plan at the local level.
  173  Appropriate local groups and organizations shall include, but
  174  not be limited to, community mental health centers; circuit
  175  guardian ad litem offices programs for children under the
  176  circuit court; the school boards of the local school districts;
  177  the Florida local advocacy councils; community-based care lead
  178  agencies; private or public organizations or programs with
  179  recognized expertise in working with child abuse prevention
  180  programs for children and families; private or public
  181  organizations or programs with recognized expertise in working
  182  with children who are sexually abused, physically abused,
  183  emotionally abused, abandoned, or neglected and with expertise
  184  in working with the families of such children; private or public
  185  programs or organizations with expertise in maternal and infant
  186  health care; multidisciplinary Child Protection Teams; child day
  187  care centers; law enforcement agencies; and the circuit courts,
  188  when guardian ad litem programs are not available in the local
  189  area. The state plan to be provided to the Legislature and the
  190  Governor shall include, as a minimum, the information required
  191  of the various groups in paragraph (b).
  192         Section 2. Subsection (2) of section 39.00145, Florida
  193  Statutes, is amended to read:
  194         39.00145 Records concerning children.—
  195         (2) Notwithstanding any other provision of this chapter,
  196  all records in a child’s case record must be made available for
  197  inspection, upon request, to the child who is the subject of the
  198  case record and to the child’s caregiver, guardian ad litem, or
  199  attorney ad litem, if one is appointed.
  200         (a) A complete and accurate copy of any record in a child’s
  201  case record must be provided, upon request and at no cost, to
  202  the child who is the subject of the case record and to the
  203  child’s caregiver, guardian ad litem, or attorney ad litem, if
  204  one is appointed.
  205         (b) The department shall release the information in a
  206  manner and setting that are appropriate to the age and maturity
  207  of the child and the nature of the information being released,
  208  which may include the release of information in a therapeutic
  209  setting, if appropriate. This paragraph does not deny the child
  210  access to his or her records.
  211         (c) If a child or the child’s caregiver, guardian ad litem,
  212  or attorney ad litem, if one is appointed, requests access to
  213  the child’s case record, any person or entity that fails to
  214  provide any record in the case record under assertion of a claim
  215  of exemption from the public records requirements of chapter
  216  119, or fails to provide access within a reasonable time, is
  217  subject to sanctions and penalties under s. 119.10.
  218         (d) For the purposes of this subsection, the term
  219  “caregiver” is limited to parents, legal custodians, permanent
  220  guardians, or foster parents; employees of a residential home,
  221  institution, facility, or agency at which the child resides; and
  222  other individuals legally responsible for a child’s welfare in a
  223  residential setting.
  224         Section 3. Paragraph (a) of subsection (2) of section
  225  39.00146, Florida Statutes, is amended to read:
  226         39.00146 Case record face sheet.—
  227         (2) The case record of every child under the supervision or
  228  in the custody of the department or the department’s authorized
  229  agents, including community-based care lead agencies and their
  230  subcontracted providers, must include a face sheet containing
  231  relevant information about the child and his or her case,
  232  including at least all of the following:
  233         (a) General case information, including, but not limited
  234  to, all of the following:
  235         1. The child’s name and date of birth.;
  236         2. The current county of residence and the county of
  237  residence at the time of the referral.;
  238         3. The reason for the referral and any family safety
  239  concerns.;
  240         4. The personal identifying information of the parents or
  241  legal custodians who had custody of the child at the time of the
  242  referral, including name, date of birth, and county of
  243  residence.;
  244         5. The date of removal from the home.; and
  245         6. The name and contact information of the attorney or
  246  attorneys assigned to the case in all capacities, including the
  247  attorney or attorneys that represent the department and the
  248  parents, and the guardian ad litem, if one has been appointed.
  249         Section 4. Paragraph (b) of subsection (2) and paragraph
  250  (b) of subsection (3) of section 39.0016, Florida Statutes, are
  251  amended to read:
  252         39.0016 Education of abused, neglected, and abandoned
  253  children; agency agreements; children having or suspected of
  254  having a disability.—
  255         (2) AGENCY AGREEMENTS.—
  256         (b) The department shall enter into agreements with
  257  district school boards or other local educational entities
  258  regarding education and related services for children known to
  259  the department who are of school age and children known to the
  260  department who are younger than school age but who would
  261  otherwise qualify for services from the district school board.
  262  Such agreements must shall include, but are not limited to:
  263         1. A requirement that the department shall:
  264         a. Ensure that children known to the department are
  265  enrolled in school or in the best educational setting that meets
  266  the needs of the child. The agreement must shall provide for
  267  continuing the enrollment of a child known to the department at
  268  the school of origin when possible if it is in the best interest
  269  of the child, with the goal of minimal disruption of education.
  270         b. Notify the school and school district in which a child
  271  known to the department is enrolled of the name and phone number
  272  of the child known to the department caregiver and caseworker
  273  for child safety purposes.
  274         c. Establish a protocol for the department to share
  275  information about a child known to the department with the
  276  school district, consistent with the Family Educational Rights
  277  and Privacy Act, since the sharing of information will assist
  278  each agency in obtaining education and related services for the
  279  benefit of the child. The protocol must require the district
  280  school boards or other local educational entities to access the
  281  department’s Florida Safe Families Network to obtain information
  282  about children known to the department, consistent with the
  283  Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. s.
  284  1232g.
  285         d. Notify the school district of the department’s case
  286  planning for a child known to the department, both at the time
  287  of plan development and plan review. Within the plan development
  288  or review process, the school district may provide information
  289  regarding the child known to the department if the school
  290  district deems it desirable and appropriate.
  291         e. Show no prejudice against a caregiver who desires to
  292  educate at home a child placed in his or her home through the
  293  child welfare system.
  294         2. A requirement that the district school board shall:
  295         a. Provide the department with a general listing of the
  296  services and information available from the district school
  297  board to facilitate educational access for a child known to the
  298  department.
  299         b. Identify all educational and other services provided by
  300  the school and school district which the school district
  301  believes are reasonably necessary to meet the educational needs
  302  of a child known to the department.
  303         c. Determine whether transportation is available for a
  304  child known to the department when such transportation will
  305  avoid a change in school assignment due to a change in
  306  residential placement. Recognizing that continued enrollment in
  307  the same school throughout the time the child known to the
  308  department is in out-of-home care is preferable unless
  309  enrollment in the same school would be unsafe or otherwise
  310  impractical, the department, the district school board, and the
  311  Department of Education shall assess the availability of
  312  federal, charitable, or grant funding for such transportation.
  313         d. Provide individualized student intervention or an
  314  individual educational plan when a determination has been made
  315  through legally appropriate criteria that intervention services
  316  are required. The intervention or individual educational plan
  317  must include strategies to enable the child known to the
  318  department to maximize the attainment of educational goals.
  319         3. A requirement that the department and the district
  320  school board shall cooperate in accessing the services and
  321  supports needed for a child known to the department who has or
  322  is suspected of having a disability to receive an appropriate
  323  education consistent with the Individuals with Disabilities
  324  Education Act and state implementing laws, rules, and
  325  assurances. Coordination of services for a child known to the
  326  department who has or is suspected of having a disability may
  327  include:
  328         a. Referral for screening.
  329         b. Sharing of evaluations between the school district and
  330  the department where appropriate.
  331         c. Provision of education and related services appropriate
  332  for the needs and abilities of the child known to the
  333  department.
  334         d. Coordination of services and plans between the school
  335  and the residential setting to avoid duplication or conflicting
  336  service plans.
  337         e. Appointment of a surrogate parent, consistent with the
  338  Individuals with Disabilities Education Act and pursuant to
  339  subsection (3), for educational purposes for a child known to
  340  the department who qualifies.
  341         f. For each child known to the department 14 years of age
  342  and older, transition planning by the department and all
  343  providers, including the department’s independent living program
  344  staff and the guardian ad litem of the child, to meet the
  345  requirements of the local school district for educational
  346  purposes.
  347         (3) CHILDREN HAVING OR SUSPECTED OF HAVING A DISABILITY.—
  348         (b)1. Each district school superintendent or dependency
  349  court must appoint a surrogate parent for a child known to the
  350  department who has or is suspected of having a disability, as
  351  defined in s. 1003.01(9), when:
  352         a. After reasonable efforts, no parent can be located; or
  353         b. A court of competent jurisdiction over a child under
  354  this chapter has determined that no person has the authority
  355  under the Individuals with Disabilities Education Act, including
  356  the parent or parents subject to the dependency action, or that
  357  no person has the authority, willingness, or ability to serve as
  358  the educational decisionmaker for the child without judicial
  359  action.
  360         2. A surrogate parent appointed by the district school
  361  superintendent or the court must be at least 18 years old and
  362  have no personal or professional interest that conflicts with
  363  the interests of the student to be represented. Neither the
  364  district school superintendent nor the court may appoint an
  365  employee of the Department of Education, the local school
  366  district, a community-based care provider, the Department of
  367  Children and Families, or any other public or private agency
  368  involved in the education or care of the child as appointment of
  369  those persons is prohibited by federal law. This prohibition
  370  includes group home staff and therapeutic foster parents.
  371  However, a person who acts in a parental role to a child, such
  372  as a foster parent or relative caregiver, is not prohibited from
  373  serving as a surrogate parent if he or she is employed by such
  374  agency, willing to serve, and knowledgeable about the child and
  375  the exceptional student education process. The surrogate parent
  376  may be a court-appointed guardian ad litem or a relative or
  377  nonrelative adult who is involved in the child’s life regardless
  378  of whether that person has physical custody of the child. Each
  379  person appointed as a surrogate parent must have the knowledge
  380  and skills acquired by successfully completing training using
  381  materials developed and approved by the Department of Education
  382  to ensure adequate representation of the child.
  383         3. If a guardian ad litem has been appointed for a child,
  384  The district school superintendent must first consider the
  385  child’s guardian ad litem when appointing a surrogate parent.
  386  The district school superintendent must accept the appointment
  387  of the court if he or she has not previously appointed a
  388  surrogate parent. Similarly, the court must accept a surrogate
  389  parent duly appointed by a district school superintendent.
  390         4. A surrogate parent appointed by the district school
  391  superintendent or the court must be accepted by any subsequent
  392  school or school district without regard to where the child is
  393  receiving residential care so that a single surrogate parent can
  394  follow the education of the child during his or her entire time
  395  in state custody. Nothing in this paragraph or in rule shall
  396  limit or prohibit the continuance of a surrogate parent
  397  appointment when the responsibility for the student’s
  398  educational placement moves among and between public and private
  399  agencies.
  400         5. For a child known to the department, the responsibility
  401  to appoint a surrogate parent resides with both the district
  402  school superintendent and the court with jurisdiction over the
  403  child. If the court elects to appoint a surrogate parent, notice
  404  shall be provided as soon as practicable to the child’s school.
  405  At any time the court determines that it is in the best
  406  interests of a child to remove a surrogate parent, the court may
  407  appoint a new surrogate parent for educational decisionmaking
  408  purposes for that child.
  409         6. The surrogate parent shall continue in the appointed
  410  role until one of the following occurs:
  411         a. The child is determined to no longer be eligible or in
  412  need of special programs, except when termination of special
  413  programs is being contested.
  414         b. The child achieves permanency through adoption or legal
  415  guardianship and is no longer in the custody of the department.
  416         c. The parent who was previously unknown becomes known,
  417  whose whereabouts were unknown is located, or who was
  418  unavailable is determined by the court to be available.
  419         d. The appointed surrogate no longer wishes to represent
  420  the child or is unable to represent the child.
  421         e. The superintendent of the school district in which the
  422  child is attending school, the Department of Education contract
  423  designee, or the court that appointed the surrogate determines
  424  that the appointed surrogate parent no longer adequately
  425  represents the child.
  426         f. The child moves to a geographic location that is not
  427  reasonably accessible to the appointed surrogate.
  428         7. The appointment and termination of appointment of a
  429  surrogate under this paragraph shall be entered as an order of
  430  the court with a copy of the order provided to the child’s
  431  school as soon as practicable.
  432         8. The person appointed as a surrogate parent under this
  433  paragraph must:
  434         a. Be acquainted with the child and become knowledgeable
  435  about his or her disability and educational needs.
  436         b. Represent the child in all matters relating to
  437  identification, evaluation, and educational placement and the
  438  provision of a free and appropriate education to the child.
  439         c. Represent the interests and safeguard the rights of the
  440  child in educational decisions that affect the child.
  441         9. The responsibilities of the person appointed as a
  442  surrogate parent shall not extend to the care, maintenance,
  443  custody, residential placement, or any other area not
  444  specifically related to the education of the child, unless the
  445  same person is appointed by the court for such other purposes.
  446         10. A person appointed as a surrogate parent shall enjoy
  447  all of the procedural safeguards afforded a parent with respect
  448  to the identification, evaluation, and educational placement of
  449  a student with a disability or a student who is suspected of
  450  having a disability.
  451         11. A person appointed as a surrogate parent shall not be
  452  held liable for actions taken in good faith on behalf of the
  453  student in protecting the special education rights of the child.
  454         Section 5. Present subsections (8) through (30) and (31)
  455  through (87) of section 39.01, Florida Statutes, are
  456  redesignated as subsections (9) through (31) and (34) through
  457  (90), respectively, present subsections (9), (36), and (58) are
  458  amended, and new subsections (8), (32), and (33) are added to
  459  that section, to read:
  460         39.01 Definitions.—When used in this chapter, unless the
  461  context otherwise requires:
  462         (8)“Attorney ad litem” means an attorney appointed by the
  463  court to represent a child in a dependency case who has an
  464  attorney-client relationship with the child under the rules
  465  regulating The Florida Bar.
  466         (10)(9) “Caregiver” means the parent, legal custodian,
  467  permanent guardian, adult household member, or other person
  468  responsible for a child’s welfare as defined in subsection (57)
  469  (54).
  470         (32)“Guardian ad litem” means a person or an entity that
  471  is a fiduciary appointed by the court to represent a child in
  472  any civil, criminal, or administrative proceeding to which the
  473  child is a party, including, but not limited to, under this
  474  chapter, which uses a best interest standard for decisionmaking
  475  and advocacy. For purposes of this chapter, the term includes,
  476  but is not limited to, the Statewide Guardian ad Litem Office,
  477  which includes all circuit guardian ad litem offices and the
  478  duly certified volunteers, staff, and attorneys assigned by the
  479  Statewide Guardian ad Litem Office to represent children; a
  480  court-appointed attorney; or a responsible adult who is
  481  appointed by the court. A guardian ad litem is a party to the
  482  judicial proceeding as a representative of the child and serves
  483  until the jurisdiction of the court over the child terminates or
  484  until excused by the court.
  485         (33)“Guardian advocate” means a person appointed by the
  486  court to act on behalf of a drug-dependent newborn under part XI
  487  of this chapter.
  488         (39)(36) “Institutional child abuse or neglect” means
  489  situations of known or suspected child abuse or neglect in which
  490  the person allegedly perpetrating the child abuse or neglect is
  491  an employee of a public or private school, public or private day
  492  care center, residential home, institution, facility, or agency
  493  or any other person at such institution responsible for the
  494  child’s welfare as defined in subsection (57) (54).
  495         (61)(58) “Party” means the parent or parents of the child,
  496  the petitioner, the department, the guardian ad litem or the
  497  representative of the guardian ad litem program when the program
  498  has been appointed, and the child. The presence of the child may
  499  be excused by order of the court when presence would not be in
  500  the child’s best interest. Notice to the child may be excused by
  501  order of the court when the age, capacity, or other condition of
  502  the child is such that the notice would be meaningless or
  503  detrimental to the child.
  504         Section 6. Subsection (11) of section 39.013, Florida
  505  Statutes, is amended, and subsection (14) is added to that
  506  section, to read:
  507         39.013 Procedures and jurisdiction; right to counsel;
  508  guardian ad litem and attorney ad litem.—
  509         (11) The court shall appoint a guardian ad litem at the
  510  earliest possible time to represent a child throughout the
  511  proceedings, including any appeals. The guardian ad litem may
  512  represent the child in proceedings outside of the dependency
  513  case to secure the services and benefits that provide for the
  514  care, safety, and protection of the child encourage the
  515  Statewide Guardian Ad Litem Office to provide greater
  516  representation to those children who are within 1 year of
  517  transferring out of foster care.
  518         (14)The court may appoint an attorney ad litem for a child
  519  if the court believes the child is in need of such
  520  representation and determines that the child has a rational and
  521  factual understanding of the proceedings and sufficient present
  522  ability to consult with an attorney with a reasonable degree of
  523  rational understanding. The attorney ad litem may represent the
  524  child in proceedings outside of the dependency case to secure
  525  services and benefits that provide for the care, safety, and
  526  protection of the child.
  527         Section 7. Section 39.01305, Florida Statutes, is amended
  528  to read:
  529         39.01305 Appointment of an attorney ad litem for a
  530  dependent child with certain special needs.—
  531         (1)(a) The Legislature finds that:
  532         1. all children in proceedings under this chapter have
  533  important interests at stake, such as health, safety, and well
  534  being and the need to obtain permanency. While such children are
  535  represented by the Statewide Guardian ad Litem Office using a
  536  best interest standard of decisionmaking and advocacy, some
  537  children may also need representation by an attorney ad litem in
  538  proceedings under this chapter.
  539         (2)The court may appoint an attorney ad litem for a child
  540  if the court believes the child is in need of such
  541  representation and determines that the child has a rational and
  542  factual understanding of the proceedings and sufficient present
  543  ability to consult with an attorney with a reasonable degree of
  544  rational understanding.
  545         2.A dependent child who has certain special needs has a
  546  particular need for an attorney to represent the dependent child
  547  in proceedings under this chapter, as well as in fair hearings
  548  and appellate proceedings, so that the attorney may address the
  549  child’s medical and related needs and the services and supports
  550  necessary for the child to live successfully in the community.
  551         (b)The Legislature recognizes the existence of
  552  organizations that provide attorney representation to children
  553  in certain jurisdictions throughout the state. Further, the
  554  statewide Guardian Ad Litem Program provides best interest
  555  representation for dependent children in every jurisdiction in
  556  accordance with state and federal law. The Legislature,
  557  therefore, does not intend that funding provided for
  558  representation under this section supplant proven and existing
  559  organizations representing children. Instead, the Legislature
  560  intends that funding provided for representation under this
  561  section be an additional resource for the representation of more
  562  children in these jurisdictions, to the extent necessary to meet
  563  the requirements of this chapter, with the cooperation of
  564  existing local organizations or through the expansion of those
  565  organizations. The Legislature encourages the expansion of pro
  566  bono representation for children. This section is not intended
  567  to limit the ability of a pro bono attorney to appear on behalf
  568  of a child.
  569         (2)As used in this section, the term “dependent child”
  570  means a child who is subject to any proceeding under this
  571  chapter. The term does not require that a child be adjudicated
  572  dependent for purposes of this section.
  573         (3)An attorney shall be appointed for a dependent child
  574  who:
  575         (a)Resides in a skilled nursing facility or is being
  576  considered for placement in a skilled nursing home;
  577         (b)Is prescribed a psychotropic medication but declines
  578  assent to the psychotropic medication;
  579         (c)Has a diagnosis of a developmental disability as
  580  defined in s. 393.063;
  581         (d)Is being placed in a residential treatment center or
  582  being considered for placement in a residential treatment
  583  center; or
  584         (e)Is a victim of human trafficking as defined in s.
  585  787.06(2)(d).
  586         (3)(a)(4)(a) Before a court may appoint an attorney ad
  587  litem, who may be compensated pursuant to this section, the
  588  court must request a recommendation from the Statewide Guardian
  589  ad Litem Office for an attorney who is willing to represent a
  590  child without additional compensation. If such an attorney is
  591  available within 15 days after the court’s request, the court
  592  must appoint that attorney. However, the court may appoint a
  593  compensated attorney within the 15-day period if the Statewide
  594  Guardian ad Litem Office informs the court that the office is
  595  unable it will not be able to recommend an attorney within that
  596  time period.
  597         (b) A court order appointing After an attorney ad litem
  598  must be in writing. is appointed, the appointment continues in
  599  effect until the attorney is allowed to withdraw or is
  600  discharged by The court must discharge or until the case is
  601  dismissed. an attorney ad litem who is appointed under this
  602  section if the need for such representation is resolved. The
  603  attorney ad litem may represent the child in proceedings outside
  604  of the dependency case to secure services and benefits that
  605  provide for the care, safety, and protection of the child to
  606  represent the child shall provide the complete range of legal
  607  services, from the removal from home or from the initial
  608  appointment through all available appellate proceedings. With
  609  the permission of the court, the attorney ad litem for the
  610  dependent child may arrange for supplemental or separate counsel
  611  to represent the child in appellate proceedings. A court order
  612  appointing an attorney under this section must be in writing.
  613         (4)(5) Unless the attorney ad litem has agreed to provide
  614  pro bono services, an appointed attorney ad litem or
  615  organization must be adequately compensated. All appointed
  616  attorneys ad litem and organizations, including pro bono
  617  attorneys, must be provided with access to funding for expert
  618  witnesses, depositions, and other due process costs of
  619  litigation. Payment of attorney fees and case-related due
  620  process costs are subject to appropriations and review by the
  621  Justice Administrative Commission for reasonableness. The
  622  Justice Administrative Commission shall contract with attorneys
  623  ad litem appointed by the court. Attorney fees may not exceed
  624  $1,000 per child per year.
  625         (6)The department shall develop procedures to identify a
  626  dependent child who has a special need specified under
  627  subsection (3) and to request that a court appoint an attorney
  628  for the child.
  629         (7)The department may adopt rules to administer this
  630  section.
  631         (8)This section does not limit the authority of the court
  632  to appoint an attorney for a dependent child in a proceeding
  633  under this chapter.
  634         (5)(9) Implementation of this section is subject to
  635  appropriations expressly made for that purpose.
  636         Section 8. The amendments made by this act to s. 39.01305,
  637  Florida Statutes, apply only to attorney ad litem appointments
  638  made on or after July 1, 2024.
  639         Section 9. Subsection (3) of section 39.0132, Florida
  640  Statutes, is amended to read:
  641         39.0132 Oaths, records, and confidential information.—
  642         (3) The clerk shall keep all court records required by this
  643  chapter separate from other records of the circuit court. All
  644  court records required by this chapter may shall not be open to
  645  inspection by the public. All records may shall be inspected
  646  only upon order of the court by persons deemed by the court to
  647  have a proper interest therein, except that, subject to the
  648  provisions of s. 63.162, a child, and the parents of the child
  649  and their attorneys, the guardian ad litem, criminal conflict
  650  and civil regional counsels, law enforcement agencies, and the
  651  department and its designees, and the attorney ad litem, if one
  652  is appointed, shall always have the right to inspect and copy
  653  any official record pertaining to the child. The Justice
  654  Administrative Commission may inspect court dockets required by
  655  this chapter as necessary to audit compensation of court
  656  appointed attorneys ad litem. If the docket is insufficient for
  657  purposes of the audit, the commission may petition the court for
  658  additional documentation as necessary and appropriate. The court
  659  may permit authorized representatives of recognized
  660  organizations compiling statistics for proper purposes to
  661  inspect and make abstracts from official records, under whatever
  662  conditions upon their use and disposition the court may deem
  663  proper, and may punish by contempt proceedings any violation of
  664  those conditions.
  665         Section 10. Paragraph (a) of subsection (3) of section
  666  39.0136, Florida Statutes, is amended to read:
  667         39.0136 Time limitations; continuances.—
  668         (3) The time limitations in this chapter do not include:
  669         (a) Periods of delay resulting from a continuance granted
  670  at the request of the child’s counsel, or the child’s guardian
  671  ad litem, or attorney ad litem, if one is appointed, if the
  672  child is of sufficient capacity to express reasonable consent,
  673  at the request or with the consent of the child. The court must
  674  consider the best interests of the child when determining
  675  periods of delay under this section.
  676         Section 11. Subsection (7) of section 39.01375, Florida
  677  Statutes, is amended to read:
  678         39.01375 Best interest determination for placement.—The
  679  department, community-based care lead agency, or court shall
  680  consider all of the following factors when determining whether a
  681  proposed placement under this chapter is in the child’s best
  682  interest:
  683         (7) The recommendation of the child’s guardian ad litem, if
  684  one has been appointed.
  685         Section 12. Paragraphs (a) and (b) of subsection (4) of
  686  section 39.0139, Florida Statutes, are amended to read:
  687         39.0139 Visitation or other contact; restrictions.—
  688         (4) HEARINGS.—A person who meets any of the criteria set
  689  forth in paragraph (3)(a) who seeks to begin or resume contact
  690  with the child victim shall have the right to an evidentiary
  691  hearing to determine whether contact is appropriate.
  692         (a) Before Prior to the hearing, the court shall appoint an
  693  attorney ad litem or a guardian ad litem for the child if one
  694  has not already been appointed. The guardian ad litem and Any
  695  attorney ad litem, if one is or guardian ad litem appointed,
  696  must shall have special training in the dynamics of child sexual
  697  abuse.
  698         (b) At the hearing, the court may receive and rely upon any
  699  relevant and material evidence submitted to the extent of its
  700  probative value, including written and oral reports or
  701  recommendations from the Child Protection Team, the child’s
  702  therapist, the child’s guardian ad litem, or the child’s
  703  attorney ad litem, if one is appointed, even if these reports,
  704  recommendations, and evidence may not be admissible under the
  705  rules of evidence.
  706         Section 13. Paragraphs (d) and (t) of subsection (2) of
  707  section 39.202, Florida Statutes, are amended to read:
  708         39.202 Confidentiality of reports and records in cases of
  709  child abuse or neglect; exception.—
  710         (2) Except as provided in subsection (4), access to such
  711  records, excluding the name of, or other identifying information
  712  with respect to, the reporter which may only shall be released
  713  only as provided in subsection (5), may only shall be granted
  714  only to the following persons, officials, and agencies:
  715         (d) The parent or legal custodian of any child who is
  716  alleged to have been abused, abandoned, or neglected; the child;
  717  the child’s guardian ad litem; the child’s attorney ad litem, if
  718  one is appointed; or, and the child, and their attorneys,
  719  including any attorney representing a child in civil or criminal
  720  proceedings. This access must shall be made available no later
  721  than 60 days after the department receives the initial report of
  722  abuse, neglect, or abandonment. However, any information
  723  otherwise made confidential or exempt by law may shall not be
  724  released pursuant to this paragraph.
  725         (t) Persons with whom the department is seeking to place
  726  the child or to whom placement has been granted, including
  727  foster parents for whom an approved home study has been
  728  conducted, the designee of a licensed child-caring agency as
  729  defined in s. 39.01 s. 39.01(41), an approved relative or
  730  nonrelative with whom a child is placed pursuant to s. 39.402,
  731  preadoptive parents for whom a favorable preliminary adoptive
  732  home study has been conducted, adoptive parents, or an adoption
  733  entity acting on behalf of preadoptive or adoptive parents.
  734         Section 14. Paragraph (c) of subsection (8), paragraphs (b)
  735  and (c) of subsection (11), and paragraph (a) of subsection (14)
  736  of section 39.402, Florida Statutes, are amended to read:
  737         39.402 Placement in a shelter.—
  738         (8)
  739         (c) At the shelter hearing, the court shall:
  740         1. Appoint a guardian ad litem to represent the best
  741  interest of the child, unless the court finds that such
  742  representation is unnecessary;
  743         2. Inform the parents or legal custodians of their right to
  744  counsel to represent them at the shelter hearing and at each
  745  subsequent hearing or proceeding, and the right of the parents
  746  to appointed counsel, pursuant to the procedures set forth in s.
  747  39.013;
  748         3. Give the parents or legal custodians an opportunity to
  749  be heard and to present evidence; and
  750         4. Inquire of those present at the shelter hearing as to
  751  the identity and location of the legal father. In determining
  752  who the legal father of the child may be, the court shall
  753  inquire under oath of those present at the shelter hearing
  754  whether they have any of the following information:
  755         a. Whether the mother of the child was married at the
  756  probable time of conception of the child or at the time of birth
  757  of the child.
  758         b. Whether the mother was cohabiting with a male at the
  759  probable time of conception of the child.
  760         c. Whether the mother has received payments or promises of
  761  support with respect to the child or because of her pregnancy
  762  from a man who claims to be the father.
  763         d. Whether the mother has named any man as the father on
  764  the birth certificate of the child or in connection with
  765  applying for or receiving public assistance.
  766         e. Whether any man has acknowledged or claimed paternity of
  767  the child in a jurisdiction in which the mother resided at the
  768  time of or since conception of the child or in which the child
  769  has resided or resides.
  770         f. Whether a man is named on the birth certificate of the
  771  child pursuant to s. 382.013(2).
  772         g. Whether a man has been determined by a court order to be
  773  the father of the child.
  774         h. Whether a man has been determined to be the father of
  775  the child by the Department of Revenue as provided in s.
  776  409.256.
  777         (11)
  778         (b) The court shall request that the parents consent to
  779  provide access to the child’s medical records and provide
  780  information to the court, the department or its contract
  781  agencies, and the any guardian ad litem or attorney ad litem, if
  782  one is appointed, for the child. If a parent is unavailable or
  783  unable to consent or withholds consent and the court determines
  784  access to the records and information is necessary to provide
  785  services to the child, the court shall issue an order granting
  786  access. The court may also order the parents to provide all
  787  known medical information to the department and to any others
  788  granted access under this subsection.
  789         (c) The court shall request that the parents consent to
  790  provide access to the child’s child care records, early
  791  education program records, or other educational records and
  792  provide information to the court, the department or its contract
  793  agencies, and the any guardian ad litem or attorney ad litem, if
  794  one is appointed, for the child. If a parent is unavailable or
  795  unable to consent or withholds consent and the court determines
  796  access to the records and information is necessary to provide
  797  services to the child, the court shall issue an order granting
  798  access.
  799         (14) The time limitations in this section do not include:
  800         (a) Periods of delay resulting from a continuance granted
  801  at the request or with the consent of the child’s counsel or the
  802  child’s guardian ad litem or attorney ad litem, if one is has
  803  been appointed by the court, or, if the child is of sufficient
  804  capacity to express reasonable consent, at the request or with
  805  the consent of the child’s attorney or the child’s guardian ad
  806  litem, if one has been appointed by the court, and the child.
  807         Section 15. Paragraphs (a) and (b) of subsection (4) of
  808  section 39.4022, Florida Statutes, are amended to read:
  809         39.4022 Multidisciplinary teams; staffings; assessments;
  810  report.—
  811         (4) PARTICIPANTS.—
  812         (a) Collaboration among diverse individuals who are part of
  813  the child’s network is necessary to make the most informed
  814  decisions possible for the child. A diverse team is preferable
  815  to ensure that the necessary combination of technical skills,
  816  cultural knowledge, community resources, and personal
  817  relationships is developed and maintained for the child and
  818  family. The participants necessary to achieve an appropriately
  819  diverse team for a child may vary by child and may include
  820  extended family, friends, neighbors, coaches, clergy, coworkers,
  821  or others the family identifies as potential sources of support.
  822         1. Each multidisciplinary team staffing must invite the
  823  following members:
  824         a. The child, unless he or she is not of an age or capacity
  825  to participate in the team, and the child’s guardian ad litem;
  826         b. The child’s family members and other individuals
  827  identified by the family as being important to the child,
  828  provided that a parent who has a no contact order or injunction,
  829  is alleged to have sexually abused the child, or is subject to a
  830  termination of parental rights may not participate;
  831         c. The current caregiver, provided the caregiver is not a
  832  parent who meets the criteria of one of the exceptions under
  833  sub-subparagraph b.;
  834         d. A representative from the department other than the
  835  Children’s Legal Services attorney, when the department is
  836  directly involved in the goal identified by the staffing;
  837         e. A representative from the community-based care lead
  838  agency, when the lead agency is directly involved in the goal
  839  identified by the staffing;
  840         f. The case manager for the child, or his or her case
  841  manager supervisor; and
  842         g. A representative from the Department of Juvenile
  843  Justice, if the child is dually involved with both the
  844  department and the Department of Juvenile Justice.
  845         2. The multidisciplinary team must make reasonable efforts
  846  to have all mandatory invitees attend. However, the
  847  multidisciplinary team staffing may not be delayed if the
  848  invitees in subparagraph 1. fail to attend after being provided
  849  reasonable opportunities.
  850         (b) Based on the particular goal the multidisciplinary team
  851  staffing identifies as the purpose of convening the staffing as
  852  provided under subsection (5), the department or lead agency may
  853  also invite to the meeting other professionals, including, but
  854  not limited to:
  855         1. A representative from Children’s Medical Services;
  856         2.A guardian ad litem, if one is appointed;
  857         2.3. A school personnel representative who has direct
  858  contact with the child;
  859         3.4. A therapist or other behavioral health professional,
  860  if applicable;
  861         4.5. A mental health professional with expertise in sibling
  862  bonding, if the department or lead agency deems such expert is
  863  necessary; or
  864         5.6. Other community providers of services to the child or
  865  stakeholders, when applicable.
  866         Section 16. Paragraph (d) of subsection (3) and paragraph
  867  (c) of subsection (4) of section 39.4023, Florida Statutes, are
  868  amended to read:
  869         39.4023 Placement and education transitions; transition
  870  plans.—
  871         (3) PLACEMENT TRANSITIONS.—
  872         (d) Transition planning.—
  873         1. If the supportive services provided pursuant to
  874  paragraph (c) have not been successful to make the maintenance
  875  of the placement suitable or if there are other circumstances
  876  that require the child to be moved, the department or the
  877  community-based care lead agency must convene a
  878  multidisciplinary team staffing as required under s. 39.4022
  879  before the child’s placement is changed, or within 72 hours of
  880  moving the child in an emergency situation, for the purpose of
  881  developing an appropriate transition plan.
  882         2. A placement change may occur immediately in an emergency
  883  situation without convening a multidisciplinary team staffing.
  884  However, a multidisciplinary team staffing must be held within
  885  72 hours after the emergency situation arises.
  886         3. The department or the community-based care lead agency
  887  must provide written notice of the planned move at least 14 days
  888  before the move or within 72 hours after an emergency situation,
  889  to the greatest extent possible and consistent with the child’s
  890  needs and preferences. The notice must include the reason a
  891  placement change is necessary. A copy of the notice must be
  892  filed with the court and be provided to all of the following:
  893         a. The child, unless he or she, due to age or capacity, is
  894  unable to comprehend the written notice, which will necessitate
  895  the department or lead agency to provide notice in an age
  896  appropriate and capacity-appropriate alternative manner.;
  897         b. The child’s parents, unless prohibited by court order.;
  898         c. The child’s out-of-home caregiver.;
  899         d. The guardian ad litem., if one is appointed;
  900         e. The attorney ad litem for the child, if one is
  901  appointed.; and
  902         f. The attorney for the department.
  903         4. The transition plan must be developed through
  904  cooperation among the persons included in subparagraph 3., and
  905  such persons must share any relevant information necessary for
  906  its development. Subject to the child’s needs and preferences,
  907  the transition plan must meet the requirements of s.
  908  409.1415(2)(b)8. and exclude any placement changes that occur
  909  between 7 p.m. and 8 a.m.
  910         5. The department or the community-based care lead agency
  911  shall file the transition plan with the court within 48 hours
  912  after the creation of such plan and provide a copy of the plan
  913  to the persons included in subparagraph 3.
  914         (4) EDUCATION TRANSITIONS.—
  915         (c) Minimizing school changes.—
  916         1. Every effort must be made to keep a child in the school
  917  of origin if it is in the child’s best interest. Any placement
  918  decision must include thoughtful consideration of which school a
  919  child will attend if a school change is necessary.
  920         2. Members of a multidisciplinary team staffing convened
  921  for a purpose other than a school change must determine the
  922  child’s best interest regarding remaining in the school or
  923  program of origin if the child’s educational options are
  924  affected by any other decision being made by the
  925  multidisciplinary team.
  926         3. The determination of whether it is in the child’s best
  927  interest to remain in the school of origin, and if not, of which
  928  school the child will attend in the future, must be made in
  929  consultation with the following individuals, including, but not
  930  limited to, the child; the parents; the caregiver; the child
  931  welfare professional; the guardian ad litem, if appointed; the
  932  educational surrogate, if appointed; child care and educational
  933  staff, including teachers and guidance counselors; and the
  934  school district representative or foster care liaison. A
  935  multidisciplinary team member may contact any of these
  936  individuals in advance of a multidisciplinary team staffing to
  937  obtain his or her recommendation. An individual may remotely
  938  attend the multidisciplinary team staffing if one of the
  939  identified goals is related to determining an educational
  940  placement. The multidisciplinary team may rely on a report from
  941  the child’s current school or program district and, if
  942  applicable, any other school district being considered for the
  943  educational placement if the required school personnel are not
  944  available to attend the multidisciplinary team staffing in
  945  person or remotely.
  946         4. The multidisciplinary team and the individuals listed in
  947  subparagraph 3. must consider, at a minimum, all of the
  948  following factors when determining whether remaining in the
  949  school or program of origin is in the child’s best interest or,
  950  if not, when selecting a new school or program:
  951         a. The child’s desire to remain in the school or program of
  952  origin.
  953         b. The preference of the child’s parents or legal
  954  guardians.
  955         c. Whether the child has siblings, close friends, or
  956  mentors at the school or program of origin.
  957         d. The child’s cultural and community connections in the
  958  school or program of origin.
  959         e. Whether the child is suspected of having a disability
  960  under the Individuals with Disabilities Education Act (IDEA) or
  961  s. 504 of the Rehabilitation Act of 1973, or has begun receiving
  962  interventions under this state’s multitiered system of supports.
  963         f. Whether the child has an evaluation pending for special
  964  education and related services under IDEA or s. 504 of the
  965  Rehabilitation Act of 1973.
  966         g. Whether the child is a student with a disability under
  967  IDEA who is receiving special education and related services or
  968  a student with a disability under s. 504 of the Rehabilitation
  969  Act of 1973 who is receiving accommodations and services and, if
  970  so, whether those required services are available in a school or
  971  program other than the school or program of origin.
  972         h. Whether the child is an English Language Learner student
  973  and is receiving language services and, if so, whether those
  974  required services are available in a school or program other
  975  than the school or program of origin.
  976         i. The impact a change to the school or program of origin
  977  would have on academic credits and progress toward promotion.
  978         j. The availability of extracurricular activities important
  979  to the child.
  980         k. The child’s known individualized educational plan or
  981  other medical and behavioral health needs and whether such plan
  982  or needs are able to be met at a school or program other than
  983  the school or program of origin.
  984         l. The child’s permanency goal and timeframe for achieving
  985  permanency.
  986         m. The child’s history of school transfers and how such
  987  transfers have impacted the child academically, emotionally, and
  988  behaviorally.
  989         n. The length of the commute to the school or program from
  990  the child’s home or placement and how such commute would impact
  991  the child.
  992         o. The length of time the child has attended the school or
  993  program of origin.
  994         5. The cost of transportation cannot be a factor in making
  995  a best interest determination.
  996         Section 17. Paragraph (f) of subsection (3) of section
  997  39.407, Florida Statutes, is amended to read:
  998         39.407 Medical, psychiatric, and psychological examination
  999  and treatment of child; physical, mental, or substance abuse
 1000  examination of person with or requesting child custody.—
 1001         (3)
 1002         (f)1. The department shall fully inform the court of the
 1003  child’s medical and behavioral status as part of the social
 1004  services report prepared for each judicial review hearing held
 1005  for a child for whom psychotropic medication has been prescribed
 1006  or provided under this subsection. As a part of the information
 1007  provided to the court, the department shall furnish copies of
 1008  all pertinent medical records concerning the child which have
 1009  been generated since the previous hearing. On its own motion or
 1010  on good cause shown by any party, including the any guardian ad
 1011  litem, attorney, or attorney ad litem, if one is who has been
 1012  appointed to represent the child or the child’s interests, the
 1013  court may review the status more frequently than required in
 1014  this subsection.
 1015         2. The court may, in the best interests of the child, order
 1016  the department to obtain a medical opinion addressing whether
 1017  the continued use of the medication under the circumstances is
 1018  safe and medically appropriate.
 1019         Section 18. Paragraphs (m), (t), and (u) of subsection (1)
 1020  of section 39.4085, Florida Statutes, are amended to read:
 1021         39.4085 Goals for dependent children; responsibilities;
 1022  education; Office of the Children’s Ombudsman.—
 1023         (1) The Legislature finds that the design and delivery of
 1024  child welfare services should be directed by the principle that
 1025  the health and safety of children, including the freedom from
 1026  abuse, abandonment, or neglect, is of paramount concern and,
 1027  therefore, establishes the following goals for children in
 1028  shelter or foster care:
 1029         (m) To receive meaningful case management and planning that
 1030  will quickly return the child to his or her family or move the
 1031  child on to other forms of permanency. For a child who is
 1032  transitioning from foster care to independent living, permanency
 1033  includes establishing naturally occurring, lifelong, kin-like
 1034  connections between the child and a supportive adult.
 1035         (t) To have a guardian ad litem appointed to represent,
 1036  within reason, their best interests and, if appropriate, an
 1037  attorney ad litem appointed to represent their legal interests;
 1038  the guardian ad litem or and attorney ad litem, if one is
 1039  appointed, shall have immediate and unlimited access to the
 1040  children they represent.
 1041         (u) To have all their records available for review by their
 1042  guardian ad litem or and attorney ad litem, if one is appointed,
 1043  if they deem such review necessary.
 1044  
 1045  This subsection establishes goals and not rights. This
 1046  subsection does not require the delivery of any particular
 1047  service or level of service in excess of existing
 1048  appropriations. A person does not have a cause of action against
 1049  the state or any of its subdivisions, agencies, contractors,
 1050  subcontractors, or agents, based upon the adoption of or failure
 1051  to provide adequate funding for the achievement of these goals
 1052  by the Legislature. This subsection does not require the
 1053  expenditure of funds to meet the goals established in this
 1054  subsection except those funds specifically appropriated for such
 1055  purpose.
 1056         Section 19. Subsection (8) of section 39.502, Florida
 1057  Statutes, is amended to read:
 1058         39.502 Notice, process, and service.—
 1059         (8) It is not necessary to the validity of a proceeding
 1060  covered by this part that the parents be present if their
 1061  identity or residence is unknown after a diligent search has
 1062  been made; however, but in this event the petitioner must shall
 1063  file an affidavit of diligent search prepared by the person who
 1064  made the search and inquiry, and the court must may appoint a
 1065  guardian ad litem for the child if a guardian ad litem has not
 1066  previously been appointed.
 1067         Section 20. Paragraph (c) of subsection (3) of section
 1068  39.522, Florida Statutes, is amended to read:
 1069         39.522 Postdisposition change of custody.—
 1070         (3)
 1071         (c)1. The department or community-based care lead agency
 1072  must notify a current caregiver who has been in the physical
 1073  custody placement for at least 9 consecutive months and who
 1074  meets all the established criteria in paragraph (b) of an intent
 1075  to change the physical custody of the child, and a
 1076  multidisciplinary team staffing must be held in accordance with
 1077  ss. 39.4022 and 39.4023 at least 21 days before the intended
 1078  date for the child’s change in physical custody, unless there is
 1079  an emergency situation as defined in s. 39.4022(2)(b). If there
 1080  is not a unanimous consensus decision reached by the
 1081  multidisciplinary team, the department’s official position must
 1082  be provided to the parties within the designated time period as
 1083  provided for in s. 39.4022.
 1084         2. A caregiver who objects to the department’s official
 1085  position on the change in physical custody must notify the court
 1086  and the department or community-based care lead agency of his or
 1087  her objection and the intent to request an evidentiary hearing
 1088  in writing in accordance with this section within 5 days after
 1089  receiving notice of the department’s official position provided
 1090  under subparagraph 1. The transition of the child to the new
 1091  caregiver may not begin before the expiration of the 5-day
 1092  period within which the current caregiver may object.
 1093         3. Upon the department or community-based care lead agency
 1094  receiving written notice of the caregiver’s objection, the
 1095  change to the child’s physical custody must be placed in
 1096  abeyance and the child may not be transitioned to a new physical
 1097  placement without a court order, unless there is an emergency
 1098  situation as defined in s. 39.4022(2)(b).
 1099         4. Within 7 days after receiving written notice from the
 1100  caregiver, the court must conduct an initial case status
 1101  hearing, at which time the court must do all of the following:
 1102         a. Grant party status to the current caregiver who is
 1103  seeking permanent custody and has maintained physical custody of
 1104  that child for at least 9 continuous months for the limited
 1105  purpose of filing a motion for a hearing on the objection and
 1106  presenting evidence pursuant to this subsection.;
 1107         b.Appoint an attorney for the child who is the subject of
 1108  the permanent custody proceeding, in addition to the guardian ad
 1109  litem, if one is appointed;
 1110         b.c. Advise the caregiver of his or her right to retain
 1111  counsel for purposes of the evidentiary hearing.; and
 1112         c.d. Appoint a court-selected neutral and independent
 1113  licensed professional with expertise in the science and research
 1114  of child-parent bonding.
 1115         Section 21. Paragraph (c) of subsection (1) and paragraph
 1116  (c) of subsection (3) of section 39.6012, Florida Statutes, are
 1117  amended to read:
 1118         39.6012 Case plan tasks; services.—
 1119         (1) The services to be provided to the parent and the tasks
 1120  that must be completed are subject to the following:
 1121         (c) If there is evidence of harm as defined in s.
 1122  39.01(37)(g) s. 39.01(34)(g), the case plan must include as a
 1123  required task for the parent whose actions caused the harm that
 1124  the parent submit to a substance abuse disorder assessment or
 1125  evaluation and participate and comply with treatment and
 1126  services identified in the assessment or evaluation as being
 1127  necessary.
 1128         (3) In addition to any other requirement, if the child is
 1129  in an out-of-home placement, the case plan must include:
 1130         (c) When appropriate, for a child who is 13 years of age or
 1131  older, a written description of the programs and services that
 1132  will help the child prepare for the transition from foster care
 1133  to independent living. The written description must include age
 1134  appropriate activities for the child’s development of
 1135  relationships, coping skills, and emotional well-being.
 1136         Section 22. Section 39.6036, Florida Statutes, is created
 1137  to read:
 1138         39.6036Supportive adults for children transitioning out of
 1139  foster care.—
 1140         (1)The Legislature finds that a committed, caring adult
 1141  provides a lifeline for a child transitioning out of foster care
 1142  to live independently. Accordingly, it is the intent of the
 1143  Legislature that the Statewide Guardian ad Litem Office help
 1144  children connect with supportive adults with the hope of
 1145  creating an ongoing relationship that lasts into adulthood.
 1146         (2)The Statewide Guardian ad Litem Office shall work with
 1147  a child who is transitioning out of foster care to identify at
 1148  least one supportive adult with whom the child can enter into a
 1149  formal agreement for an ongoing relationship and document such
 1150  agreement in the child’s court file. If the child cannot
 1151  identify a supportive adult, the Statewide Guardian ad Litem
 1152  Office shall work in coordination with the Office of Continuing
 1153  Care to identify at least one supportive adult with whom the
 1154  child can enter into a formal agreement for an ongoing
 1155  relationship and document such agreement in the child’s court
 1156  file.
 1157         Section 23. Paragraph (c) of subsection (10) of section
 1158  39.621, Florida Statutes, is amended to read:
 1159         39.621 Permanency determination by the court.—
 1160         (10) The permanency placement is intended to continue until
 1161  the child reaches the age of majority and may not be disturbed
 1162  absent a finding by the court that the circumstances of the
 1163  permanency placement are no longer in the best interest of the
 1164  child.
 1165         (c) The court shall base its decision concerning any motion
 1166  by a parent for reunification or increased contact with a child
 1167  on the effect of the decision on the safety, well-being, and
 1168  physical and emotional health of the child. Factors that must be
 1169  considered and addressed in the findings of fact of the order on
 1170  the motion must include:
 1171         1. The compliance or noncompliance of the parent with the
 1172  case plan;
 1173         2. The circumstances which caused the child’s dependency
 1174  and whether those circumstances have been resolved;
 1175         3. The stability and longevity of the child’s placement;
 1176         4. The preferences of the child, if the child is of
 1177  sufficient age and understanding to express a preference;
 1178         5. The recommendation of the current custodian; and
 1179         6. Any The recommendation of the guardian ad litem, if one
 1180  has been appointed.
 1181         Section 24. Subsection (2) of section 39.6241, Florida
 1182  Statutes, is amended to read:
 1183         39.6241 Another planned permanent living arrangement.—
 1184         (2) The department and the guardian ad litem must provide
 1185  the court with a recommended list and description of services
 1186  needed by the child, such as independent living services and
 1187  medical, dental, educational, or psychological referrals, and a
 1188  recommended list and description of services needed by his or
 1189  her caregiver. The guardian ad litem must also advise the court
 1190  whether the child has been connected with a supportive adult
 1191  and, if the child has been connected with a supportive adult,
 1192  whether the child has entered into a formal agreement with the
 1193  adult. If the child has entered into a formal agreement pursuant
 1194  to s. 39.6036, the guardian ad litem must ensure that the
 1195  agreement is documented in the child’s court file.
 1196         Section 25. Paragraphs (b) and (f) of subsection (1),
 1197  paragraph (c) of subsection (2), subsection (3), and paragraph
 1198  (e) of subsection (4) of section 39.701, Florida Statutes, are
 1199  amended to read:
 1200         39.701 Judicial review.—
 1201         (1) GENERAL PROVISIONS.—
 1202         (b)1. The court shall retain jurisdiction over a child
 1203  returned to his or her parents for a minimum period of 6 months
 1204  after following the reunification, but, at that time, based on a
 1205  report of the social service agency and the guardian ad litem,
 1206  if one has been appointed, and any other relevant factors, the
 1207  court shall make a determination as to whether supervision by
 1208  the department and the court’s jurisdiction shall continue or be
 1209  terminated.
 1210         2. Notwithstanding subparagraph 1., the court must retain
 1211  jurisdiction over a child if the child is placed in the home
 1212  with a parent or caregiver with an in-home safety plan and such
 1213  safety plan remains necessary for the child to reside safely in
 1214  the home.
 1215         (f) Notice of a judicial review hearing or a citizen review
 1216  panel hearing, and a copy of the motion for judicial review, if
 1217  any, must be served by the clerk of the court upon all of the
 1218  following persons, if available to be served, regardless of
 1219  whether the person was present at the previous hearing at which
 1220  the date, time, and location of the hearing was announced:
 1221         1. The social service agency charged with the supervision
 1222  of care, custody, or guardianship of the child, if that agency
 1223  is not the movant.
 1224         2. The foster parent or legal custodian in whose home the
 1225  child resides.
 1226         3. The parents.
 1227         4. The guardian ad litem for the child, or the
 1228  representative of the guardian ad litem program if the program
 1229  has been appointed.
 1230         5. The attorney ad litem for the child, if one is
 1231  appointed.
 1232         6. The child, if the child is 13 years of age or older.
 1233         7. Any preadoptive parent.
 1234         8. Such other persons as the court may direct.
 1235         (2) REVIEW HEARINGS FOR CHILDREN YOUNGER THAN 18 YEARS OF
 1236  AGE.—
 1237         (c) Review determinations.—The court and any citizen review
 1238  panel shall take into consideration the information contained in
 1239  the social services study and investigation and all medical,
 1240  psychological, and educational records that support the terms of
 1241  the case plan; testimony by the social services agency, the
 1242  parent, the foster parent or caregiver, the guardian ad litem,
 1243  the or surrogate parent for educational decisionmaking if one
 1244  has been appointed for the child, and any other person deemed
 1245  appropriate; and any relevant and material evidence submitted to
 1246  the court, including written and oral reports to the extent of
 1247  their probative value. These reports and evidence may be
 1248  received by the court in its effort to determine the action to
 1249  be taken with regard to the child and may be relied upon to the
 1250  extent of their probative value, even though not competent in an
 1251  adjudicatory hearing. In its deliberations, the court and any
 1252  citizen review panel shall seek to determine:
 1253         1. If the parent was advised of the right to receive
 1254  assistance from any person or social service agency in the
 1255  preparation of the case plan.
 1256         2. If the parent has been advised of the right to have
 1257  counsel present at the judicial review or citizen review
 1258  hearings. If not so advised, the court or citizen review panel
 1259  shall advise the parent of such right.
 1260         3. If a guardian ad litem needs to be appointed for the
 1261  child in a case in which a guardian ad litem has not previously
 1262  been appointed or if there is a need to continue a guardian ad
 1263  litem in a case in which a guardian ad litem has been appointed.
 1264         4. Who holds the rights to make educational decisions for
 1265  the child. If appropriate, the court may refer the child to the
 1266  district school superintendent for appointment of a surrogate
 1267  parent or may itself appoint a surrogate parent under the
 1268  Individuals with Disabilities Education Act and s. 39.0016.
 1269         5. The compliance or lack of compliance of all parties with
 1270  applicable items of the case plan, including the parents’
 1271  compliance with child support orders.
 1272         6. The compliance or lack of compliance with a visitation
 1273  contract between the parent and the social service agency for
 1274  contact with the child, including the frequency, duration, and
 1275  results of the parent-child visitation and the reason for any
 1276  noncompliance.
 1277         7. The frequency, kind, and duration of contacts among
 1278  siblings who have been separated during placement, as well as
 1279  any efforts undertaken to reunite separated siblings if doing so
 1280  is in the best interests of the child.
 1281         8. The compliance or lack of compliance of the parent in
 1282  meeting specified financial obligations pertaining to the care
 1283  of the child, including the reason for failure to comply, if
 1284  applicable.
 1285         9. Whether the child is receiving safe and proper care
 1286  according to s. 39.6012, including, but not limited to, the
 1287  appropriateness of the child’s current placement, including
 1288  whether the child is in a setting that is as family-like and as
 1289  close to the parent’s home as possible, consistent with the
 1290  child’s best interests and special needs, and including
 1291  maintaining stability in the child’s educational placement, as
 1292  documented by assurances from the community-based care lead
 1293  agency that:
 1294         a. The placement of the child takes into account the
 1295  appropriateness of the current educational setting and the
 1296  proximity to the school in which the child is enrolled at the
 1297  time of placement.
 1298         b. The community-based care lead agency has coordinated
 1299  with appropriate local educational agencies to ensure that the
 1300  child remains in the school in which the child is enrolled at
 1301  the time of placement.
 1302         10. A projected date likely for the child’s return home or
 1303  other permanent placement.
 1304         11. When appropriate, the basis for the unwillingness or
 1305  inability of the parent to become a party to a case plan. The
 1306  court and the citizen review panel shall determine if the
 1307  efforts of the social service agency to secure party
 1308  participation in a case plan were sufficient.
 1309         12. For a child who has reached 13 years of age but is not
 1310  yet 18 years of age, the adequacy of the child’s preparation for
 1311  adulthood and independent living. For a child who is 15 years of
 1312  age or older, the court shall determine if appropriate steps are
 1313  being taken for the child to obtain a driver license or
 1314  learner’s driver license.
 1315         13. If amendments to the case plan are required. Amendments
 1316  to the case plan must be made under s. 39.6013.
 1317         14. If the parents and caregivers have developed a
 1318  productive relationship that includes meaningful communication
 1319  and mutual support.
 1320         (3) REVIEW HEARINGS FOR CHILDREN 16 AND 17 YEARS OF AGE.—At
 1321  each review hearing held under this subsection, the court shall
 1322  give the child and the guardian ad litem the opportunity to
 1323  address the court and provide any information relevant to the
 1324  child’s best interest, particularly in relation to independent
 1325  living transition services. The foster parent or, legal
 1326  custodian, or guardian ad litem may also provide any information
 1327  relevant to the child’s best interest to the court. In addition
 1328  to the review and report required under paragraphs (1)(a) and
 1329  (2)(a), respectively, and the review and report required under
 1330  s. 39.822(2)(a)2., the court shall:
 1331         (a) Inquire about the life skills the child has acquired
 1332  and whether those services are age appropriate, at the first
 1333  judicial review hearing held subsequent to the child’s 16th
 1334  birthday. At the judicial review hearing, the department shall
 1335  provide the court with a report that includes specific
 1336  information related to the life skills that the child has
 1337  acquired since the child’s 13th birthday or since the date the
 1338  child came into foster care, whichever came later. For any child
 1339  who may meet the requirements for appointment of a guardian
 1340  advocate under s. 393.12 or a guardian under chapter 744, the
 1341  updated case plan must be developed in a face-to-face conference
 1342  with the child, if appropriate; the child’s attorney ad litem,
 1343  if one is appointed; the child’s; any court-appointed guardian
 1344  ad litem; the temporary custodian of the child; and the parent
 1345  of the child, if the parent’s rights have not been terminated.
 1346         (b) The court shall hold a judicial review hearing within
 1347  90 days after a child’s 17th birthday. The court shall issue an
 1348  order, separate from the order on judicial review, that the
 1349  disability of nonage of the child has been removed under ss.
 1350  743.044-743.047 for any disability that the court finds is in
 1351  the child’s best interest to remove. The department shall
 1352  include in the social study report for the first judicial review
 1353  that occurs after the child’s 17th birthday written verification
 1354  that the child has:
 1355         1. A current Medicaid card and all necessary information
 1356  concerning the Medicaid program sufficient to prepare the child
 1357  to apply for coverage upon reaching the age of 18, if such
 1358  application is appropriate.
 1359         2. A certified copy of the child’s birth certificate and,
 1360  if the child does not have a valid driver license, a Florida
 1361  identification card issued under s. 322.051.
 1362         3. A social security card and information relating to
 1363  social security insurance benefits if the child is eligible for
 1364  those benefits. If the child has received such benefits and they
 1365  are being held in trust for the child, a full accounting of
 1366  these funds must be provided and the child must be informed as
 1367  to how to access those funds.
 1368         4. All relevant information related to the Road-to
 1369  Independence Program under s. 409.1451, including, but not
 1370  limited to, eligibility requirements, information on
 1371  participation, and assistance in gaining admission to the
 1372  program. If the child is eligible for the Road-to-Independence
 1373  Program, he or she must be advised that he or she may continue
 1374  to reside with the licensed family home or group care provider
 1375  with whom the child was residing at the time the child attained
 1376  his or her 18th birthday, in another licensed family home, or
 1377  with a group care provider arranged by the department.
 1378         5. An open bank account or the identification necessary to
 1379  open a bank account and to acquire essential banking and
 1380  budgeting skills.
 1381         6. Information on public assistance and how to apply for
 1382  public assistance.
 1383         7. A clear understanding of where he or she will be living
 1384  on his or her 18th birthday, how living expenses will be paid,
 1385  and the educational program or school in which he or she will be
 1386  enrolled.
 1387         8. Information related to the ability of the child to
 1388  remain in care until he or she reaches 21 years of age under s.
 1389  39.013.
 1390         9. A letter providing the dates that the child is under the
 1391  jurisdiction of the court.
 1392         10. A letter stating that the child is in compliance with
 1393  financial aid documentation requirements.
 1394         11. The child’s educational records.
 1395         12. The child’s entire health and mental health records.
 1396         13. The process for accessing the child’s case file.
 1397         14. A statement encouraging the child to attend all
 1398  judicial review hearings.
 1399         15. Information on how to obtain a driver license or
 1400  learner’s driver license.
 1401         (c) At the first judicial review hearing held subsequent to
 1402  the child’s 17th birthday, if the court determines pursuant to
 1403  chapter 744 that there is a good faith basis to believe that the
 1404  child qualifies for appointment of a guardian advocate, limited
 1405  guardian, or plenary guardian for the child and that no less
 1406  restrictive decisionmaking assistance will meet the child’s
 1407  needs:
 1408         1. The department shall complete a multidisciplinary report
 1409  which must include, but is not limited to, a psychosocial
 1410  evaluation and educational report if such a report has not been
 1411  completed within the previous 2 years.
 1412         2. The department shall identify one or more individuals
 1413  who are willing to serve as the guardian advocate under s.
 1414  393.12 or as the plenary or limited guardian under chapter 744.
 1415  Any other interested parties or participants may make efforts to
 1416  identify such a guardian advocate, limited guardian, or plenary
 1417  guardian. The child’s biological or adoptive family members,
 1418  including the child’s parents if the parents’ rights have not
 1419  been terminated, may not be considered for service as the
 1420  plenary or limited guardian unless the court enters a written
 1421  order finding that such an appointment is in the child’s best
 1422  interests.
 1423         3. Proceedings may be initiated within 180 days after the
 1424  child’s 17th birthday for the appointment of a guardian
 1425  advocate, plenary guardian, or limited guardian for the child in
 1426  a separate proceeding in the court division with jurisdiction
 1427  over guardianship matters and pursuant to chapter 744. The
 1428  Legislature encourages the use of pro bono representation to
 1429  initiate proceedings under this section.
 1430         4. In the event another interested party or participant
 1431  initiates proceedings for the appointment of a guardian
 1432  advocate, plenary guardian, or limited guardian for the child,
 1433  the department shall provide all necessary documentation and
 1434  information to the petitioner to complete a petition under s.
 1435  393.12 or chapter 744 within 45 days after the first judicial
 1436  review hearing after the child’s 17th birthday.
 1437         5. Any proceedings seeking appointment of a guardian
 1438  advocate or a determination of incapacity and the appointment of
 1439  a guardian must be conducted in a separate proceeding in the
 1440  court division with jurisdiction over guardianship matters and
 1441  pursuant to chapter 744.
 1442         (d) If the court finds at the judicial review hearing after
 1443  the child’s 17th birthday that the department has not met its
 1444  obligations to the child as stated in this part, in the written
 1445  case plan, or in the provision of independent living services,
 1446  the court may issue an order directing the department to show
 1447  cause as to why it has not done so. If the department cannot
 1448  justify its noncompliance, the court may give the department 30
 1449  days within which to comply. If the department fails to comply
 1450  within 30 days, the court may hold the department in contempt.
 1451         (e) If necessary, the court may review the status of the
 1452  child more frequently during the year before the child’s 18th
 1453  birthday. At the last review hearing before the child reaches 18
 1454  years of age, and in addition to the requirements of subsection
 1455  (2), the court shall:
 1456         1. Address whether the child plans to remain in foster
 1457  care, and, if so, ensure that the child’s transition plan
 1458  includes a plan for meeting one or more of the criteria
 1459  specified in s. 39.6251 and determine if the child has entered
 1460  into a formal agreement for an ongoing relationship with a
 1461  supportive adult.
 1462         2. Ensure that the transition plan includes a supervised
 1463  living arrangement under s. 39.6251.
 1464         3. Ensure the child has been informed of:
 1465         a. The right to continued support and services from the
 1466  department and the community-based care lead agency.
 1467         b. The right to request termination of dependency
 1468  jurisdiction and be discharged from foster care.
 1469         c. The opportunity to reenter foster care under s. 39.6251.
 1470         4. Ensure that the child, if he or she requests termination
 1471  of dependency jurisdiction and discharge from foster care, has
 1472  been informed of:
 1473         a. Services or benefits for which the child may be eligible
 1474  based on his or her former placement in foster care, including,
 1475  but not limited to, the assistance of the Office of Continuing
 1476  Care under s. 414.56.
 1477         b. Services or benefits that may be lost through
 1478  termination of dependency jurisdiction.
 1479         c. Other federal, state, local, or community-based services
 1480  or supports available to him or her.
 1481         (4) REVIEW HEARINGS FOR YOUNG ADULTS IN FOSTER CARE.—During
 1482  each period of time that a young adult remains in foster care,
 1483  the court shall review the status of the young adult at least
 1484  every 6 months and must hold a permanency review hearing at
 1485  least annually.
 1486         (e)1. Notwithstanding the provisions of this subsection, if
 1487  a young adult has chosen to remain in extended foster care after
 1488  he or she has reached 18 years of age, the department may not
 1489  close a case and the court may not terminate jurisdiction until
 1490  the court finds, following a hearing, that the following
 1491  criteria have been met:
 1492         a.1. Attendance of the young adult at the hearing; or
 1493         b.2. Findings by the court that:
 1494         (I)a. The young adult has been informed by the department
 1495  of his or her right to attend the hearing and has provided
 1496  written consent to waive this right; and
 1497         (II)b. The young adult has been informed of the potential
 1498  negative effects of early termination of care, the option to
 1499  reenter care before reaching 21 years of age, the procedure for,
 1500  and limitations on, reentering care, and the availability of
 1501  alternative services, and has signed a document attesting that
 1502  he or she has been so informed and understands these provisions;
 1503  or
 1504         (III)c. The young adult has voluntarily left the program,
 1505  has not signed the document in sub-subparagraph b., and is
 1506  unwilling to participate in any further court proceeding.
 1507         2.3. In all permanency hearings or hearings regarding the
 1508  transition of the young adult from care to independent living,
 1509  the court shall consult with the young adult regarding the
 1510  proposed permanency plan, case plan, and individual education
 1511  plan for the young adult and ensure that he or she has
 1512  understood the conversation. The court shall also inquire of the
 1513  young adult regarding his or her relationship with the
 1514  supportive adult with whom the young adult has entered into a
 1515  formal agreement for an ongoing relationship, if such agreement
 1516  exists.
 1517         Section 26. Paragraph (a) of subsection (3) of section
 1518  39.801, Florida Statutes, is amended to read:
 1519         39.801 Procedures and jurisdiction; notice; service of
 1520  process.—
 1521         (3) Before the court may terminate parental rights, in
 1522  addition to the other requirements set forth in this part, the
 1523  following requirements must be met:
 1524         (a) Notice of the date, time, and place of the advisory
 1525  hearing for the petition to terminate parental rights; if
 1526  applicable, instructions for appearance through audio-video
 1527  communication technology; and a copy of the petition must be
 1528  personally served upon the following persons, specifically
 1529  notifying them that a petition has been filed:
 1530         1. The parents of the child.
 1531         2. The legal custodians of the child.
 1532         3. If the parents who would be entitled to notice are dead
 1533  or unknown, a living relative of the child, unless upon diligent
 1534  search and inquiry no such relative can be found.
 1535         4. Any person who has physical custody of the child.
 1536         5. Any grandparent entitled to priority for adoption under
 1537  s. 63.0425.
 1538         6. Any prospective parent who has been identified under s.
 1539  39.503 or s. 39.803, unless a court order has been entered
 1540  pursuant to s. 39.503(4) or (9) or s. 39.803(4) or (9) which
 1541  indicates no further notice is required. Except as otherwise
 1542  provided in this section, if there is not a legal father, notice
 1543  of the petition for termination of parental rights must be
 1544  provided to any known prospective father who is identified under
 1545  oath before the court or who is identified by a diligent search
 1546  of the Florida Putative Father Registry. Service of the notice
 1547  of the petition for termination of parental rights is not
 1548  required if the prospective father executes an affidavit of
 1549  nonpaternity or a consent to termination of his parental rights
 1550  which is accepted by the court after notice and opportunity to
 1551  be heard by all parties to address the best interests of the
 1552  child in accepting such affidavit.
 1553         7. The guardian ad litem for the child or the
 1554  representative of the guardian ad litem program, if the program
 1555  has been appointed.
 1556  
 1557  A party may consent to service or notice by e-mail by providing
 1558  a primary e-mail address to the clerk of the court. The document
 1559  containing the notice to respond or appear must contain, in type
 1560  at least as large as the type in the balance of the document,
 1561  the following or substantially similar language: “FAILURE TO
 1562  APPEAR AT THIS ADVISORY HEARING CONSTITUTES CONSENT TO THE
 1563  TERMINATION OF PARENTAL RIGHTS OF THIS CHILD (OR CHILDREN). IF
 1564  YOU FAIL TO APPEAR ON THE DATE AND TIME SPECIFIED, YOU MAY LOSE
 1565  ALL LEGAL RIGHTS AS A PARENT TO THE CHILD OR CHILDREN NAMED IN
 1566  THE PETITION ATTACHED TO THIS NOTICE.”
 1567         Section 27. Subsection (2) of section 39.807, Florida
 1568  Statutes, is amended to read:
 1569         39.807 Right to counsel; guardian ad litem.—
 1570         (2)(a) The court shall appoint a guardian ad litem to
 1571  represent the best interest of the child in any termination of
 1572  parental rights proceedings and shall ascertain at each stage of
 1573  the proceedings whether a guardian ad litem has been appointed.
 1574         (b) The guardian ad litem has the following
 1575  responsibilities and authority listed in s. 39.822.:
 1576         1.To investigate the allegations of the petition and any
 1577  subsequent matters arising in the case and,
 1578         (c) Unless excused by the court, the guardian ad litem must
 1579  to file a written report. This report must include a statement
 1580  of the wishes of the child and the recommendations of the
 1581  guardian ad litem and must be provided to all parties and the
 1582  court at least 72 hours before the disposition hearing.
 1583         2.To be present at all court hearings unless excused by
 1584  the court.
 1585         3.To represent the best interests of the child until the
 1586  jurisdiction of the court over the child terminates or until
 1587  excused by the court.
 1588         (c)A guardian ad litem is not required to post bond but
 1589  shall file an acceptance of the office.
 1590         (d)A guardian ad litem is entitled to receive service of
 1591  pleadings and papers as provided by the Florida Rules of
 1592  Juvenile Procedure.
 1593         (d)(e) This subsection does not apply to any voluntary
 1594  relinquishment of parental rights proceeding.
 1595         Section 28. Subsection (2) of section 39.808, Florida
 1596  Statutes, is amended to read:
 1597         39.808 Advisory hearing; pretrial status conference.—
 1598         (2) At the hearing the court shall inform the parties of
 1599  their rights under s. 39.807, shall appoint counsel for the
 1600  parties in accordance with legal requirements, and shall appoint
 1601  a guardian ad litem to represent the interests of the child if
 1602  one has not already been appointed.
 1603         Section 29. Subsection (2) of section 39.815, Florida
 1604  Statutes, is amended to read:
 1605         39.815 Appeal.—
 1606         (2) An attorney for the department shall represent the
 1607  state upon appeal. When a notice of appeal is filed in the
 1608  circuit court, the clerk shall notify the attorney for the
 1609  department, together with the attorney for the parent, the
 1610  guardian ad litem, and the any attorney ad litem for the child,
 1611  if one is appointed.
 1612         Section 30. Section 39.820, Florida Statutes, is repealed.
 1613         Section 31. Subsections (1) and (3) of section 39.821,
 1614  Florida Statutes, are amended to read:
 1615         39.821 Qualifications of guardians ad litem.—
 1616         (1) Because of the special trust or responsibility placed
 1617  in a guardian ad litem, the Statewide Guardian ad Litem Office
 1618  Program may use any private funds collected by the office
 1619  program, or any state funds so designated, to conduct a security
 1620  background investigation before certifying a volunteer to serve.
 1621  A security background investigation must include, but need not
 1622  be limited to, employment history checks, checks of references,
 1623  local criminal history records checks through local law
 1624  enforcement agencies, and statewide criminal history records
 1625  checks through the Department of Law Enforcement. Upon request,
 1626  an employer shall furnish a copy of the personnel record for the
 1627  employee or former employee who is the subject of a security
 1628  background investigation conducted under this section. The
 1629  information contained in the personnel record may include, but
 1630  need not be limited to, disciplinary matters and the reason why
 1631  the employee was terminated from employment. An employer who
 1632  releases a personnel record for purposes of a security
 1633  background investigation is presumed to have acted in good faith
 1634  and is not liable for information contained in the record
 1635  without a showing that the employer maliciously falsified the
 1636  record. A security background investigation conducted under this
 1637  section must ensure that a person is not certified as a guardian
 1638  ad litem if the person has an arrest awaiting final disposition
 1639  for, been convicted of, regardless of adjudication, entered a
 1640  plea of nolo contendere or guilty to, or been adjudicated
 1641  delinquent and the record has not been sealed or expunged for,
 1642  any offense prohibited under the provisions listed in s. 435.04.
 1643  All applicants must undergo a level 2 background screening
 1644  pursuant to chapter 435 before being certified to serve as a
 1645  guardian ad litem. In analyzing and evaluating the information
 1646  obtained in the security background investigation, the office
 1647  program must give particular emphasis to past activities
 1648  involving children, including, but not limited to, child-related
 1649  criminal offenses or child abuse. The office program has sole
 1650  discretion in determining whether to certify a person based on
 1651  his or her security background investigation. The information
 1652  collected pursuant to the security background investigation is
 1653  confidential and exempt from s. 119.07(1).
 1654         (3) It is a misdemeanor of the first degree, punishable as
 1655  provided in s. 775.082 or s. 775.083, for any person to
 1656  willfully, knowingly, or intentionally fail, by false statement,
 1657  misrepresentation, impersonation, or other fraudulent means, to
 1658  disclose in any application for a volunteer position or for paid
 1659  employment with the Statewide Guardian ad Litem Office Program,
 1660  any material fact used in making a determination as to the
 1661  applicant’s qualifications for such position.
 1662         Section 32. Section 39.822, Florida Statutes, is amended to
 1663  read:
 1664         39.822 Appointment of guardian ad litem for abused,
 1665  abandoned, or neglected child.—
 1666         (1) A guardian ad litem shall be appointed by the court at
 1667  the earliest possible time to represent the child in any child
 1668  abuse, abandonment, or neglect judicial proceeding, whether
 1669  civil or criminal. A guardian ad litem is a fiduciary and must
 1670  provide independent representation of the child using a best
 1671  interest standard of decisionmaking and advocacy.
 1672         (2)(a)A guardian ad litem must:
 1673         1.Be present at all court hearings unless excused by the
 1674  court.
 1675         2.Investigate issues related to the best interest of the
 1676  child who is the subject of the appointment, review all
 1677  disposition recommendations and changes in placement, and,
 1678  unless excused by the court, file written reports and
 1679  recommendations in accordance with general law.
 1680         3.Represent the child until the court’s jurisdiction over
 1681  the child terminates or until excused by the court.
 1682         4.Advocate for the child’s participation in the
 1683  proceedings and to report the child’s preferences to the court,
 1684  to the extent the child has the ability and desire to express
 1685  his or her preferences.
 1686         5.Perform other duties that are consistent with the scope
 1687  of the appointment.
 1688         (b)A guardian ad litem shall have immediate and unlimited
 1689  access to the children he or she represents.
 1690         (c)A guardian ad litem is not required to post bond but
 1691  must file an acceptance of the appointment.
 1692         (d)A guardian ad litem is entitled to receive service of
 1693  pleadings and papers as provided by the Florida Rules of
 1694  Juvenile Procedure.
 1695         (3) Any person participating in a civil or criminal
 1696  judicial proceeding resulting from such appointment shall be
 1697  presumed prima facie to be acting in good faith and in so doing
 1698  shall be immune from any liability, civil or criminal, that
 1699  otherwise might be incurred or imposed.
 1700         (4)(2) In those cases in which the parents are financially
 1701  able, the parent or parents of the child shall reimburse the
 1702  court, in part or in whole, for the cost of provision of
 1703  guardian ad litem representation services. Reimbursement to the
 1704  individual providing guardian ad litem representation is not
 1705  services shall not be contingent upon successful collection by
 1706  the court from the parent or parents.
 1707         (5)(3) Upon presentation by a guardian ad litem of a court
 1708  order appointing the guardian ad litem:
 1709         (a) An agency, as defined in chapter 119, shall allow the
 1710  guardian ad litem to inspect and copy records related to the
 1711  best interests of the child who is the subject of the
 1712  appointment, including, but not limited to, records made
 1713  confidential or exempt from s. 119.07(1) or s. 24(a), Art. I of
 1714  the State Constitution. The guardian ad litem shall maintain the
 1715  confidential or exempt status of any records shared by an agency
 1716  under this paragraph.
 1717         (b) A person or an organization, other than an agency under
 1718  paragraph (a), shall allow the guardian ad litem to inspect and
 1719  copy any records related to the best interests of the child who
 1720  is the subject of the appointment, including, but not limited
 1721  to, confidential records.
 1722  
 1723  For the purposes of this subsection, the term “records related
 1724  to the best interests of the child” includes, but is not limited
 1725  to, medical, mental health, substance abuse, child care,
 1726  education, law enforcement, court, social services, and
 1727  financial records.
 1728         (4)The guardian ad litem or the program representative
 1729  shall review all disposition recommendations and changes in
 1730  placements, and must be present at all critical stages of the
 1731  dependency proceeding or submit a written report of
 1732  recommendations to the court. Written reports must be filed with
 1733  the court and served on all parties whose whereabouts are known
 1734  at least 72 hours prior to the hearing.
 1735         Section 33. Subsection (4) of section 39.827, Florida
 1736  Statutes, is amended to read:
 1737         39.827 Hearing for appointment of a guardian advocate.—
 1738         (4) The hearing under this section must shall remain
 1739  confidential and closed to the public. The clerk shall keep all
 1740  court records required by this part separate from other records
 1741  of the circuit court. All court records required by this part
 1742  are shall be confidential and exempt from the provisions of s.
 1743  119.07(1). All Records may only shall be inspected only upon
 1744  order of the court by persons deemed by the court to have a
 1745  proper interest therein, except that a child and the parents or
 1746  custodians of the child and their attorneys, the guardian ad
 1747  litem, and the department and its designees, and the attorney ad
 1748  litem, if one is appointed, shall always have the right to
 1749  inspect and copy any official record pertaining to the child.
 1750  The court may permit authorized representatives of recognized
 1751  organizations compiling statistics for proper purposes to
 1752  inspect and make abstracts from official records, under whatever
 1753  conditions upon their use and disposition the court may deem
 1754  proper, and may punish by contempt proceedings any violation of
 1755  those conditions. All information obtained pursuant to this part
 1756  in the discharge of official duty by any judge, employee of the
 1757  court, or authorized agent of the department is shall be
 1758  confidential and exempt from the provisions of s. 119.07(1) and
 1759  may shall not be disclosed to anyone other than the authorized
 1760  personnel of the court or the department and its designees,
 1761  except upon order of the court.
 1762         Section 34. Paragraphs (a), (b), and (d) of subsection (1)
 1763  and subsection (2) of section 39.8296, Florida Statutes, are
 1764  amended to read:
 1765         39.8296 Statewide Guardian ad Litem Office; legislative
 1766  findings and intent; creation; appointment of executive
 1767  director; duties of office.—
 1768         (1) LEGISLATIVE FINDINGS AND INTENT.—
 1769         (a) The Legislature finds that for the past 20 years, the
 1770  Statewide Guardian Ad Litem Office Program has been the only
 1771  mechanism for best interest representation for children in
 1772  Florida who are involved in dependency proceedings.
 1773         (b) The Legislature also finds that while the Statewide
 1774  Guardian Ad Litem Office Program has been supervised by court
 1775  administration within the circuit courts since the office’s
 1776  program’s inception, there is a perceived conflict of interest
 1777  created by the supervision of program staff by the judges before
 1778  whom they appear.
 1779         (d) It is therefore the intent of the Legislature to place
 1780  the Statewide Guardian Ad Litem Office Program in an appropriate
 1781  place and provide a statewide infrastructure to increase
 1782  functioning and standardization among the local offices programs
 1783  currently operating in the 20 judicial circuits.
 1784         (2) STATEWIDE GUARDIAN AD LITEM OFFICE.—There is created a
 1785  Statewide Guardian ad Litem Office within the Justice
 1786  Administrative Commission. The Justice Administrative Commission
 1787  shall provide administrative support and service to the office
 1788  to the extent requested by the executive director within the
 1789  available resources of the commission. The Statewide Guardian ad
 1790  Litem Office is not subject to control, supervision, or
 1791  direction by the Justice Administrative Commission in the
 1792  performance of its duties, but the employees of the office are
 1793  governed by the classification plan and salary and benefits plan
 1794  approved by the Justice Administrative Commission.
 1795         (a) The head of the Statewide Guardian ad Litem Office is
 1796  the executive director, who shall be appointed by the Governor
 1797  from a list of a minimum of three eligible applicants submitted
 1798  by a Guardian ad Litem Qualifications Committee. The Guardian ad
 1799  Litem Qualifications Committee shall be composed of five
 1800  persons, two persons appointed by the Governor, two persons
 1801  appointed by the Chief Justice of the Supreme Court, and one
 1802  person appointed by the Statewide Guardian ad Litem Office
 1803  Association. The committee shall provide for statewide
 1804  advertisement and the receiving of applications for the position
 1805  of executive director. The Governor shall appoint an executive
 1806  director from among the recommendations, or the Governor may
 1807  reject the nominations and request the submission of new
 1808  nominees. The executive director must have knowledge in
 1809  dependency law and knowledge of social service delivery systems
 1810  available to meet the needs of children who are abused,
 1811  neglected, or abandoned. The executive director shall serve on a
 1812  full-time basis and shall personally, or through representatives
 1813  of the office, carry out the purposes and functions of the
 1814  Statewide Guardian ad Litem Office in accordance with state and
 1815  federal law and the state’s long-established policy of
 1816  prioritizing children’s best interests. The executive director
 1817  shall report to the Governor. The executive director shall serve
 1818  a 3-year term, subject to removal for cause by the Governor. Any
 1819  person appointed to serve as the executive director may be
 1820  permitted to serve more than one term without the necessity of
 1821  convening the Guardian ad Litem Qualifications Committee.
 1822         (b) The Statewide Guardian ad Litem Office shall, within
 1823  available resources, have oversight responsibilities for and
 1824  provide technical assistance to all guardian ad litem and
 1825  attorney ad litem offices programs located within the judicial
 1826  circuits.
 1827         1. The office shall identify the resources required to
 1828  implement methods of collecting, reporting, and tracking
 1829  reliable and consistent case data.
 1830         2. The office shall review the current guardian ad litem
 1831  offices programs in Florida and other states.
 1832         3. The office, in consultation with local guardian ad litem
 1833  offices, shall develop statewide performance measures and
 1834  standards.
 1835         4. The office shall develop and maintain a guardian ad
 1836  litem training program, which must be updated regularly, which
 1837  shall include, but is not limited to, training on the
 1838  recognition of and responses to head trauma and brain injury in
 1839  a child under 6 years of age. The office shall establish a
 1840  curriculum committee to develop the training program specified
 1841  in this subparagraph. The curriculum committee shall include,
 1842  but not be limited to, dependency judges, directors of circuit
 1843  guardian ad litem programs, active certified guardians ad litem,
 1844  a mental health professional who specializes in the treatment of
 1845  children, a member of a child advocacy group, a representative
 1846  of a domestic violence advocacy group, an individual with a
 1847  degree in social work, and a social worker experienced in
 1848  working with victims and perpetrators of child abuse.
 1849         5. The office shall review the various methods of funding
 1850  guardian ad litem offices programs, maximize the use of those
 1851  funding sources to the extent possible, and review the kinds of
 1852  services being provided by circuit guardian ad litem offices
 1853  programs.
 1854         6. The office shall determine the feasibility or
 1855  desirability of new concepts of organization, administration,
 1856  financing, or service delivery designed to preserve the civil
 1857  and constitutional rights and fulfill other needs of dependent
 1858  children.
 1859         7.The office shall ensure that each child has an attorney
 1860  assigned to his or her case and, within available resources, is
 1861  represented using multidisciplinary teams that may include
 1862  volunteers, pro bono attorneys, social workers, and mentors.
 1863         8.The office shall provide oversight and technical
 1864  assistance to attorneys ad litem, including, but not limited to,
 1865  all of the following:
 1866         a.Develop an attorney ad litem training program in
 1867  collaboration with dependency court stakeholders, including, but
 1868  not limited to, dependency judges, representatives from legal
 1869  aid providing attorney ad litem representation, and an attorney
 1870  ad litem appointed from a registry maintained by the chief
 1871  judge. The training program must be updated regularly with or
 1872  without convening the stakeholders group.
 1873         b.Offer consultation and technical assistance to chief
 1874  judges in maintaining attorney registries for the selection of
 1875  attorneys ad litem.
 1876         c.Assist with recruitment, training, and mentoring of
 1877  attorneys ad litem as needed.
 1878         9.7. In an effort to promote normalcy and establish trust
 1879  between a court-appointed volunteer guardian ad litem and a
 1880  child alleged to be abused, abandoned, or neglected under this
 1881  chapter, a guardian ad litem may transport a child. However, a
 1882  guardian ad litem volunteer may not be required by a guardian ad
 1883  litem circuit office or ordered by or directed by the program or
 1884  a court to transport a child.
 1885         10.8. The office shall submit to the Governor, the
 1886  President of the Senate, the Speaker of the House of
 1887  Representatives, and the Chief Justice of the Supreme Court an
 1888  interim report describing the progress of the office in meeting
 1889  the goals as described in this section. The office shall submit
 1890  to the Governor, the President of the Senate, the Speaker of the
 1891  House of Representatives, and the Chief Justice of the Supreme
 1892  Court a proposed plan including alternatives for meeting the
 1893  state’s guardian ad litem and attorney ad litem needs. This plan
 1894  may include recommendations for less than the entire state, may
 1895  include a phase-in system, and shall include estimates of the
 1896  cost of each of the alternatives. Each year the office shall
 1897  provide a status report and provide further recommendations to
 1898  address the need for guardian ad litem representation services
 1899  and related issues.
 1900         Section 35. Section 39.8297, Florida Statutes, is amended
 1901  to read:
 1902         39.8297 County funding for guardian ad litem employees.—
 1903         (1) A county and the executive director of the Statewide
 1904  Guardian ad Litem Office may enter into an agreement by which
 1905  the county agrees to provide funds to the local guardian ad
 1906  litem office in order to employ persons who will assist in the
 1907  operation of the guardian ad litem office program in the county.
 1908         (2) The agreement, at a minimum, must provide that:
 1909         (a) Funding for the persons who are employed will be
 1910  provided on at least a fiscal-year basis.
 1911         (b) The persons who are employed will be hired, supervised,
 1912  managed, and terminated by the executive director of the
 1913  Statewide Guardian ad Litem Office. The statewide office is
 1914  responsible for compliance with all requirements of federal and
 1915  state employment laws, and shall fully indemnify the county from
 1916  any liability under such laws, as authorized by s. 768.28(19),
 1917  to the extent such liability is the result of the acts or
 1918  omissions of the Statewide Guardian ad Litem Office or its
 1919  agents or employees.
 1920         (c) The county is the employer for purposes of s. 440.10
 1921  and chapter 443.
 1922         (d) Employees funded by the county under this section and
 1923  other county employees may be aggregated for purposes of a
 1924  flexible benefits plan pursuant to s. 125 of the Internal
 1925  Revenue Code of 1986.
 1926         (e) Persons employed under this section may be terminated
 1927  after a substantial breach of the agreement or because funding
 1928  to the guardian ad litem office program has expired.
 1929         (3) Persons employed under this section may not be counted
 1930  in a formula or similar process used by the Statewide Guardian
 1931  ad Litem Office to measure personnel needs of a judicial
 1932  circuit’s guardian ad litem office program.
 1933         (4) Agreements created pursuant to this section do not
 1934  obligate the state to allocate funds to a county to employ
 1935  persons in the guardian ad litem office program.
 1936         Section 36. Section 39.8298, Florida Statutes, is amended
 1937  to read:
 1938         39.8298 Guardian ad Litem direct-support organizations
 1939  organization.—
 1940         (1) AUTHORITY.—The Statewide Guardian ad Litem Office
 1941  created under s. 39.8296 is authorized to create a state direct
 1942  support organization and to create or designate local direct
 1943  support organizations. The executive director of the Statewide
 1944  Guardian ad Litem Office is responsible for designating local
 1945  direct-support organizations under this subsection.
 1946         (a) The state direct-support organization and the local
 1947  direct-support organizations must be a Florida corporations
 1948  corporation not for profit, incorporated under the provisions of
 1949  chapter 617. The state direct-support organization and the local
 1950  direct-support organizations are shall be exempt from paying
 1951  fees under s. 617.0122.
 1952         (b) The state direct-support organization and each local
 1953  direct-support organization must shall be organized and operated
 1954  to conduct programs and activities; raise funds; request and
 1955  receive grants, gifts, and bequests of moneys; acquire, receive,
 1956  hold, invest, and administer, in its own name, securities,
 1957  funds, objects of value, or other property, real or personal;
 1958  and make expenditures to or for the direct or indirect benefit
 1959  of the Statewide Guardian Ad Litem Office, including the local
 1960  guardian ad litem offices.
 1961         (c) If the executive director of the Statewide Guardian Ad
 1962  Litem Office determines that the state direct-support
 1963  organization or a local direct-support organization is operating
 1964  in a manner that is inconsistent with the goals and purposes of
 1965  the Statewide Guardian Ad Litem Office or not acting in the best
 1966  interest of the state, the executive director may terminate the
 1967  organization’s contract and thereafter the organization may not
 1968  use the name of the Statewide Guardian Ad Litem Office.
 1969         (2) CONTRACTS CONTRACT.—The state direct-support
 1970  organization and the local direct-support organizations shall
 1971  operate under a written contract with the Statewide Guardian Ad
 1972  Litem Office. The written contract must, at a minimum, provide
 1973  for:
 1974         (a) Approval of the articles of incorporation and bylaws of
 1975  the direct-support organization by the executive director of the
 1976  Statewide Guardian Ad Litem Office.
 1977         (b) Submission of an annual budget for the approval by the
 1978  executive director of the Statewide Guardian Ad Litem Office.
 1979         (c) The reversion without penalty to the Statewide Guardian
 1980  Ad Litem Office, or to the state if the Statewide Guardian Ad
 1981  Litem Office ceases to exist, of all moneys and property held in
 1982  trust by the state direct-support organization for the Statewide
 1983  Guardian Ad Litem Office if the direct-support organization
 1984  ceases to exist or if the contract is terminated.
 1985         (d) The fiscal year of the state direct-support
 1986  organization and the local direct-support organizations, which
 1987  must begin July 1 of each year and end June 30 of the following
 1988  year.
 1989         (e) The disclosure of material provisions of the contract
 1990  and the distinction between the Statewide Guardian Ad Litem
 1991  Office and the state direct-support organization or the local
 1992  direct-support organization to donors of gifts, contributions,
 1993  or bequests, as well as on all promotional and fundraising
 1994  publications.
 1995         (3) BOARD OF DIRECTORS.—The executive director of the
 1996  Statewide Guardian Ad Litem Office shall appoint a board of
 1997  directors for the state direct-support organization. The
 1998  executive director may designate employees of the Statewide
 1999  Guardian Ad Litem Office to serve on the board of directors of
 2000  the state direct-support organization or a local direct-support
 2001  organization. Members of the board of the state direct-support
 2002  organization or a local direct-support organization shall serve
 2003  at the pleasure of the executive director.
 2004         (4) USE OF PROPERTY AND SERVICES.—The executive director of
 2005  the Statewide Guardian Ad Litem Office:
 2006         (a) May authorize the use of facilities and property other
 2007  than money that are owned by the Statewide Guardian Ad Litem
 2008  Office to be used by the state direct-support organization or a
 2009  local direct-support organization.
 2010         (b) May authorize the use of personal services provided by
 2011  employees of the Statewide Guardian Ad Litem Office to be used
 2012  by the state direct-support organization or a local direct
 2013  support organization. For the purposes of this section, the term
 2014  “personal services” includes full-time personnel and part-time
 2015  personnel as well as payroll processing.
 2016         (c) May prescribe the conditions by which the state direct
 2017  support organization or a local direct-support organization may
 2018  use property, facilities, or personal services of the office or
 2019  the state direct-support organization.
 2020         (d) May Shall not authorize the use of property,
 2021  facilities, or personal services by the state of the direct
 2022  support organization or a local direct-support organization if
 2023  the organization does not provide equal employment opportunities
 2024  to all persons, regardless of race, color, religion, sex, age,
 2025  or national origin.
 2026         (5) MONEYS.—Moneys of the state direct-support organization
 2027  or a local direct-support organization must may be held in a
 2028  separate depository account in the name of the direct-support
 2029  organization and subject to the provisions of the contract with
 2030  the Statewide Guardian ad Litem Office.
 2031         (6) ANNUAL AUDIT.—The state direct-support organization and
 2032  a local direct-support organization must shall provide for an
 2033  annual financial audit in accordance with s. 215.981.
 2034         (7) LIMITS ON DIRECT-SUPPORT ORGANIZATIONS ORGANIZATION.
 2035  The state direct-support organization and a local direct-support
 2036  organization may shall not exercise any power under s.
 2037  617.0302(12) or (16). A No state employee may not shall receive
 2038  compensation from the state direct-support organization or a
 2039  local direct-support organization for service on the board of
 2040  directors or for services rendered to the direct-support
 2041  organization.
 2042         Section 37. Section 1009.898, Florida Statutes, is created
 2043  to read:
 2044         1009.898Pathway to Prosperity grants.—
 2045         (1)The Pathway to Prosperity program shall administer the
 2046  following grants to youth and young adults aging out of foster
 2047  care:
 2048         (a)Grants to provide financial literacy instruction using
 2049  a curriculum developed by the Department of Financial Services.
 2050         (b)Grants to provide SAT and ACT preparation, including
 2051  one-on-one support and fee waivers for the examinations.
 2052         (c)Grants to youth and young adults planning to pursue
 2053  trade careers or paid apprenticeships.
 2054         (2)If a youth who is aging out of foster care is reunited
 2055  with his or her parents, the grants remain available for the
 2056  youth for up to 6 months after reunification.
 2057         Section 38. Subsection (1) of section 29.008, Florida
 2058  Statutes, is amended to read:
 2059         29.008 County funding of court-related functions.—
 2060         (1) Counties are required by s. 14, Art. V of the State
 2061  Constitution to fund the cost of communications services,
 2062  existing radio systems, existing multiagency criminal justice
 2063  information systems, and the cost of construction or lease,
 2064  maintenance, utilities, and security of facilities for the
 2065  circuit and county courts, public defenders’ offices, state
 2066  attorneys’ offices, guardian ad litem offices, and the offices
 2067  of the clerks of the circuit and county courts performing court
 2068  related functions. For purposes of this section, the term
 2069  “circuit and county courts” includes the offices and staffing of
 2070  the guardian ad litem offices programs, and the term “public
 2071  defenders’ offices” includes the offices of criminal conflict
 2072  and civil regional counsel. The county designated under s.
 2073  35.05(1) as the headquarters for each appellate district shall
 2074  fund these costs for the appellate division of the public
 2075  defender’s office in that county. For purposes of implementing
 2076  these requirements, the term:
 2077         (a) “Facility” means reasonable and necessary buildings and
 2078  office space and appurtenant equipment and furnishings,
 2079  structures, real estate, easements, and related interests in
 2080  real estate, including, but not limited to, those for the
 2081  purpose of housing legal materials for use by the general public
 2082  and personnel, equipment, or functions of the circuit or county
 2083  courts, public defenders’ offices, state attorneys’ offices, and
 2084  court-related functions of the office of the clerks of the
 2085  circuit and county courts and all storage. The term “facility”
 2086  includes all wiring necessary for court reporting services. The
 2087  term also includes access to parking for such facilities in
 2088  connection with such court-related functions that may be
 2089  available free or from a private provider or a local government
 2090  for a fee. The office space provided by a county may not be less
 2091  than the standards for space allotment adopted by the Department
 2092  of Management Services, except this requirement applies only to
 2093  facilities that are leased, or on which construction commences,
 2094  after June 30, 2003. County funding must include physical
 2095  modifications and improvements to all facilities as are required
 2096  for compliance with the Americans with Disabilities Act. Upon
 2097  mutual agreement of a county and the affected entity in this
 2098  paragraph, the office space provided by the county may vary from
 2099  the standards for space allotment adopted by the Department of
 2100  Management Services.
 2101         1. As of July 1, 2005, equipment and furnishings shall be
 2102  limited to that appropriate and customary for courtrooms,
 2103  hearing rooms, jury facilities, and other public areas in
 2104  courthouses and any other facility occupied by the courts, state
 2105  attorneys, public defenders, guardians ad litem, and criminal
 2106  conflict and civil regional counsel. Court reporting equipment
 2107  in these areas or facilities is not a responsibility of the
 2108  county.
 2109         2. Equipment and furnishings under this paragraph in
 2110  existence and owned by counties on July 1, 2005, except for that
 2111  in the possession of the clerks, for areas other than
 2112  courtrooms, hearing rooms, jury facilities, and other public
 2113  areas in courthouses and any other facility occupied by the
 2114  courts, state attorneys, and public defenders, shall be
 2115  transferred to the state at no charge. This provision does not
 2116  apply to any communications services as defined in paragraph
 2117  (f).
 2118         (b) “Construction or lease” includes, but is not limited
 2119  to, all reasonable and necessary costs of the acquisition or
 2120  lease of facilities for all judicial officers, staff, jurors,
 2121  volunteers of a tenant agency, and the public for the circuit
 2122  and county courts, the public defenders’ offices, state
 2123  attorneys’ offices, and for performing the court-related
 2124  functions of the offices of the clerks of the circuit and county
 2125  courts. This includes expenses related to financing such
 2126  facilities and the existing and future cost and bonded
 2127  indebtedness associated with placing the facilities in use.
 2128         (c) “Maintenance” includes, but is not limited to, all
 2129  reasonable and necessary costs of custodial and groundskeeping
 2130  services and renovation and reconstruction as needed to
 2131  accommodate functions for the circuit and county courts, the
 2132  public defenders’ offices, and state attorneys’ offices and for
 2133  performing the court-related functions of the offices of the
 2134  clerks of the circuit and county court and for maintaining the
 2135  facilities in a condition appropriate and safe for the use
 2136  intended.
 2137         (d) “Utilities” means all electricity services for light,
 2138  heat, and power; natural or manufactured gas services for light,
 2139  heat, and power; water and wastewater services and systems,
 2140  stormwater or runoff services and systems, sewer services and
 2141  systems, all costs or fees associated with these services and
 2142  systems, and any costs or fees associated with the mitigation of
 2143  environmental impacts directly related to the facility.
 2144         (e) “Security” includes but is not limited to, all
 2145  reasonable and necessary costs of services of law enforcement
 2146  officers or licensed security guards and all electronic,
 2147  cellular, or digital monitoring and screening devices necessary
 2148  to ensure the safety and security of all persons visiting or
 2149  working in a facility; to provide for security of the facility,
 2150  including protection of property owned by the county or the
 2151  state; and for security of prisoners brought to any facility.
 2152  This includes bailiffs while providing courtroom and other
 2153  security for each judge and other quasi-judicial officers.
 2154         (f) “Communications services” are defined as any reasonable
 2155  and necessary transmission, emission, and reception of signs,
 2156  signals, writings, images, and sounds of intelligence of any
 2157  nature by wire, radio, optical, audio equipment, or other
 2158  electromagnetic systems and includes all facilities and
 2159  equipment owned, leased, or used by judges, clerks, public
 2160  defenders, state attorneys, guardians ad litem, criminal
 2161  conflict and civil regional counsel, and all staff of the state
 2162  courts system, state attorneys’ offices, public defenders’
 2163  offices, and clerks of the circuit and county courts performing
 2164  court-related functions. Such system or services shall include,
 2165  but not be limited to:
 2166         1. Telephone system infrastructure, including computer
 2167  lines, telephone switching equipment, and maintenance, and
 2168  facsimile equipment, wireless communications, cellular
 2169  telephones, pagers, and video teleconferencing equipment and
 2170  line charges. Each county shall continue to provide access to a
 2171  local carrier for local and long distance service and shall pay
 2172  toll charges for local and long distance service.
 2173         2. All computer networks, systems and equipment, including
 2174  computer hardware and software, modems, printers, wiring,
 2175  network connections, maintenance, support staff or services
 2176  including any county-funded support staff located in the offices
 2177  of the circuit court, county courts, state attorneys, public
 2178  defenders, guardians ad litem, and criminal conflict and civil
 2179  regional counsel; training, supplies, and line charges necessary
 2180  for an integrated computer system to support the operations and
 2181  management of the state courts system, the offices of the public
 2182  defenders, the offices of the state attorneys, the guardian ad
 2183  litem offices, the offices of criminal conflict and civil
 2184  regional counsel, and the offices of the clerks of the circuit
 2185  and county courts; and the capability to connect those entities
 2186  and reporting data to the state as required for the transmission
 2187  of revenue, performance accountability, case management, data
 2188  collection, budgeting, and auditing purposes. The integrated
 2189  computer system shall be operational by July 1, 2006, and, at a
 2190  minimum, permit the exchange of financial, performance
 2191  accountability, case management, case disposition, and other
 2192  data across multiple state and county information systems
 2193  involving multiple users at both the state level and within each
 2194  judicial circuit and be able to electronically exchange judicial
 2195  case background data, sentencing scoresheets, and video evidence
 2196  information stored in integrated case management systems over
 2197  secure networks. Once the integrated system becomes operational,
 2198  counties may reject requests to purchase communications services
 2199  included in this subparagraph not in compliance with standards,
 2200  protocols, or processes adopted by the board established
 2201  pursuant to former s. 29.0086.
 2202         3. Courier messenger and subpoena services.
 2203         4. Auxiliary aids and services for qualified individuals
 2204  with a disability which are necessary to ensure access to the
 2205  courts. Such auxiliary aids and services include, but are not
 2206  limited to, sign language interpretation services required under
 2207  the federal Americans with Disabilities Act other than services
 2208  required to satisfy due-process requirements and identified as a
 2209  state funding responsibility pursuant to ss. 29.004-29.007,
 2210  real-time transcription services for individuals who are hearing
 2211  impaired, and assistive listening devices and the equipment
 2212  necessary to implement such accommodations.
 2213         (g) “Existing radio systems” includes, but is not limited
 2214  to, law enforcement radio systems that are used by the circuit
 2215  and county courts, the offices of the public defenders, the
 2216  offices of the state attorneys, and for court-related functions
 2217  of the offices of the clerks of the circuit and county courts.
 2218  This includes radio systems that were operational or under
 2219  contract at the time Revision No. 7, 1998, to Art. V of the
 2220  State Constitution was adopted and any enhancements made
 2221  thereafter, the maintenance of those systems, and the personnel
 2222  and supplies necessary for operation.
 2223         (h) “Existing multiagency criminal justice information
 2224  systems” includes, but is not limited to, those components of
 2225  the multiagency criminal justice information system as defined
 2226  in s. 943.045, supporting the offices of the circuit or county
 2227  courts, the public defenders’ offices, the state attorneys’
 2228  offices, or those portions of the offices of the clerks of the
 2229  circuit and county courts performing court-related functions
 2230  that are used to carry out the court-related activities of those
 2231  entities. This includes upgrades and maintenance of the current
 2232  equipment, maintenance and upgrades of supporting technology
 2233  infrastructure and associated staff, and services and expenses
 2234  to assure continued information sharing and reporting of
 2235  information to the state. The counties shall also provide
 2236  additional information technology services, hardware, and
 2237  software as needed for new judges and staff of the state courts
 2238  system, state attorneys’ offices, public defenders’ offices,
 2239  guardian ad litem offices, and the offices of the clerks of the
 2240  circuit and county courts performing court-related functions.
 2241         Section 39. Paragraph (a) of subsection (1) of section
 2242  39.6011, Florida Statutes, is amended to read:
 2243         39.6011 Case plan development.—
 2244         (1) The department shall prepare a draft of the case plan
 2245  for each child receiving services under this chapter. A parent
 2246  of a child may not be threatened or coerced with the loss of
 2247  custody or parental rights for failing to admit in the case plan
 2248  of abusing, neglecting, or abandoning a child. Participating in
 2249  the development of a case plan is not an admission to any
 2250  allegation of abuse, abandonment, or neglect, and it is not a
 2251  consent to a finding of dependency or termination of parental
 2252  rights. The case plan shall be developed subject to the
 2253  following requirements:
 2254         (a) The case plan must be developed in a face-to-face
 2255  conference with the parent of the child, the any court-appointed
 2256  guardian ad litem, and, if appropriate, the child and the
 2257  temporary custodian of the child.
 2258         Section 40. Subsection (8) of section 40.24, Florida
 2259  Statutes, is amended to read:
 2260         40.24 Compensation and reimbursement policy.—
 2261         (8) In circuits that elect to allow jurors to donate their
 2262  jury service fee upon conclusion of juror service, each juror
 2263  may irrevocably donate all of the juror’s compensation to the 26
 2264  U.S.C. s. 501(c)(3) organization specified by the Statewide
 2265  Guardian ad Litem Office program or to a domestic violence
 2266  shelter as specified annually on a rotating basis by the clerk
 2267  of court in the circuit for the juror’s county of residence. The
 2268  funds collected may not reduce or offset the amount of
 2269  compensation that the Statewide Guardian ad Litem Office program
 2270  or domestic violence shelter would otherwise receive from the
 2271  state. The clerk of court shall ensure that all jurors are given
 2272  written notice at the conclusion of their service that they have
 2273  the option to so donate their compensation, and that the
 2274  applicable program specified by the Statewide Guardian ad Litem
 2275  Office program or a domestic violence shelter receives all funds
 2276  donated by the jurors. Any circuit guardian ad litem office
 2277  program receiving donations of juror compensation must expend
 2278  such moneys on services for children for whom guardians ad litem
 2279  have been appointed.
 2280         Section 41. Subsections (5), (6), and (7) of section 43.16,
 2281  Florida Statutes, are amended to read:
 2282         43.16 Justice Administrative Commission; membership, powers
 2283  and duties.—
 2284         (5) The duties of the commission shall include, but not be
 2285  limited to, the following:
 2286         (a) The maintenance of a central state office for
 2287  administrative services and assistance when possible to and on
 2288  behalf of the state attorneys and public defenders of Florida,
 2289  the capital collateral regional counsel of Florida, the criminal
 2290  conflict and civil regional counsel, and the Statewide Guardian
 2291  Ad Litem Office Program.
 2292         (b) Each state attorney, public defender, and criminal
 2293  conflict and civil regional counsel and the Statewide Guardian
 2294  Ad Litem Office Program shall continue to prepare necessary
 2295  budgets, vouchers that represent valid claims for reimbursement
 2296  by the state for authorized expenses, and other things
 2297  incidental to the proper administrative operation of the office,
 2298  such as revenue transmittals to the Chief Financial Officer and
 2299  automated systems plans, but will forward such items to the
 2300  commission for recording and submission to the proper state
 2301  officer. However, when requested by a state attorney, a public
 2302  defender, a criminal conflict and civil regional counsel, or the
 2303  Statewide Guardian Ad Litem Office Program, the commission will
 2304  either assist in the preparation of budget requests, voucher
 2305  schedules, and other forms and reports or accomplish the entire
 2306  project involved.
 2307         (6) The commission, each state attorney, each public
 2308  defender, the criminal conflict and civil regional counsel, the
 2309  capital collateral regional counsel, and the Statewide Guardian
 2310  Ad Litem Office Program shall establish and maintain internal
 2311  controls designed to:
 2312         (a) Prevent and detect fraud, waste, and abuse as defined
 2313  in s. 11.45(1).
 2314         (b) Promote and encourage compliance with applicable laws,
 2315  rules, contracts, grant agreements, and best practices.
 2316         (c) Support economical and efficient operations.
 2317         (d) Ensure reliability of financial records and reports.
 2318         (e) Safeguard assets.
 2319         (7) The provisions contained in This section is shall be
 2320  supplemental to those of chapter 27, relating to state
 2321  attorneys, public defenders, criminal conflict and civil
 2322  regional counsel, and capital collateral regional counsel; to
 2323  those of chapter 39, relating to the Statewide Guardian Ad Litem
 2324  Office Program; or to other laws pertaining hereto.
 2325         Section 42. Paragraph (a) of subsection (1) and subsection
 2326  (4) of section 61.402, Florida Statutes, are amended to read:
 2327         61.402 Qualifications of guardians ad litem.—
 2328         (1) A person appointed as a guardian ad litem pursuant to
 2329  s. 61.401 must be:
 2330         (a) Certified by the Statewide Guardian Ad Litem Office
 2331  Program pursuant to s. 39.821;
 2332         (b) Certified by a not-for-profit legal aid organization as
 2333  defined in s. 68.096; or
 2334         (c) An attorney who is a member in good standing of The
 2335  Florida Bar.
 2336         (4) Nothing in this section requires the Statewide Guardian
 2337  Ad Litem Office Program or a not-for-profit legal aid
 2338  organization to train or certify guardians ad litem appointed
 2339  under this chapter.
 2340         Section 43. Paragraph (x) of subsection (2) of section
 2341  110.205, Florida Statutes, is amended to read:
 2342         110.205 Career service; exemptions.—
 2343         (2) EXEMPT POSITIONS.—The exempt positions that are not
 2344  covered by this part include the following:
 2345         (x) All officers and employees of the Justice
 2346  Administrative Commission, Office of the State Attorney, Office
 2347  of the Public Defender, regional offices of capital collateral
 2348  counsel, offices of criminal conflict and civil regional
 2349  counsel, and Statewide Guardian Ad Litem Office, including the
 2350  circuit guardian ad litem offices programs.
 2351         Section 44. Paragraph (b) of subsection (96) of section
 2352  320.08058, Florida Statutes, is amended to read:
 2353         320.08058 Specialty license plates.—
 2354         (96) GUARDIAN AD LITEM LICENSE PLATES.—
 2355         (b) The annual use fees from the sale of the plate shall be
 2356  distributed to the Florida Guardian Ad Litem Foundation, Inc., a
 2357  direct-support organization and a nonprofit corporation under s.
 2358  501(c)(3) of the Internal Revenue Code. Up to 10 percent of the
 2359  proceeds may be used for administrative costs and the marketing
 2360  of the plate. The remainder of the proceeds must be used in this
 2361  state to support the mission and efforts of the Statewide
 2362  Guardian Ad Litem Office Program to represent abused, abandoned,
 2363  and neglected children and advocate for their best interests;
 2364  recruit and retain volunteer child advocates; and meet the
 2365  unique needs of the dependent children the program serves.
 2366         Section 45. Paragraph (e) of subsection (3) of section
 2367  943.053, Florida Statutes, is amended to read:
 2368         943.053 Dissemination of criminal justice information;
 2369  fees.—
 2370         (3)
 2371         (e) The fee per record for criminal history information
 2372  provided pursuant to this subsection and s. 943.0542 is $24 per
 2373  name submitted, except that the fee for the Statewide Guardian
 2374  Ad Litem Office program and vendors of the Department of
 2375  Children and Families, the Department of Juvenile Justice, the
 2376  Agency for Persons with Disabilities, and the Department of
 2377  Elderly Affairs is $8 for each name submitted; the fee for a
 2378  state criminal history provided for application processing as
 2379  required by law to be performed by the Department of Agriculture
 2380  and Consumer Services is $15 for each name submitted; and the
 2381  fee for requests under s. 943.0542, which implements the
 2382  National Child Protection Act, is $18 for each volunteer name
 2383  submitted. An office of the public defender or an office of
 2384  criminal conflict and civil regional counsel may not be assessed
 2385  a fee for Florida criminal history information or wanted person
 2386  information.
 2387         Section 46. Subsection (2) of section 985.43, Florida
 2388  Statutes, is amended to read:
 2389         985.43 Predisposition reports; other evaluations.—
 2390         (2) The court shall consider the child’s entire assessment
 2391  and predisposition report and shall review the records of
 2392  earlier judicial proceedings before making a final disposition
 2393  of the case. If the child is under the jurisdiction of a
 2394  dependency court, the court may receive and consider any
 2395  information provided by the Statewide Guardian Ad Litem Office
 2396  Program and the child’s attorney ad litem, if one is appointed.
 2397  The court may, by order, require additional evaluations and
 2398  studies to be performed by the department; the county school
 2399  system; or any social, psychological, or psychiatric agency of
 2400  the state. The court shall order the educational needs
 2401  assessment completed under s. 985.18(2) to be included in the
 2402  assessment and predisposition report.
 2403         Section 47. Subsection (4) of section 985.441, Florida
 2404  Statutes, is amended to read:
 2405         985.441 Commitment.—
 2406         (4) The department may transfer a child, when necessary to
 2407  appropriately administer the child’s commitment, from one
 2408  facility or program to another facility or program operated,
 2409  contracted, subcontracted, or designated by the department,
 2410  including a postcommitment nonresidential conditional release
 2411  program, except that the department may not transfer any child
 2412  adjudicated solely for a misdemeanor to a residential program
 2413  except as provided in subsection (2). The department shall
 2414  notify the court that committed the child to the department and
 2415  any attorney of record for the child, in writing, of its intent
 2416  to transfer the child from a commitment facility or program to
 2417  another facility or program of a higher or lower restrictiveness
 2418  level. If the child is under the jurisdiction of a dependency
 2419  court, the department shall also provide notice to the
 2420  dependency court, and the Department of Children and Families,
 2421  and, if appointed, the Statewide Guardian Ad Litem Office,
 2422  Program and the child’s attorney ad litem, if one is appointed.
 2423  The court that committed the child may agree to the transfer or
 2424  may set a hearing to review the transfer. If the court does not
 2425  respond within 10 days after receipt of the notice, the transfer
 2426  of the child shall be deemed granted.
 2427         Section 48. Subsection (3) of section 985.455, Florida
 2428  Statutes, is amended to read:
 2429         985.455 Other dispositional issues.—
 2430         (3) Any commitment of a delinquent child to the department
 2431  must be for an indeterminate period of time, which may include
 2432  periods of temporary release; however, the period of time may
 2433  not exceed the maximum term of imprisonment that an adult may
 2434  serve for the same offense, except that the duration of a
 2435  minimum-risk nonresidential commitment for an offense that is a
 2436  misdemeanor of the second degree, or is equivalent to a
 2437  misdemeanor of the second degree, may be for a period not to
 2438  exceed 6 months. The duration of the child’s placement in a
 2439  commitment program of any restrictiveness level shall be based
 2440  on objective performance-based treatment planning. The child’s
 2441  treatment plan progress and adjustment-related issues shall be
 2442  reported to the court quarterly, unless the court requests
 2443  monthly reports. If the child is under the jurisdiction of a
 2444  dependency court, the court may receive and consider any
 2445  information provided by the Statewide Guardian Ad Litem Office
 2446  Program or the child’s attorney ad litem, if one is appointed.
 2447  The child’s length of stay in a commitment program may be
 2448  extended if the child fails to comply with or participate in
 2449  treatment activities. The child’s length of stay in the program
 2450  shall not be extended for purposes of sanction or punishment.
 2451  Any temporary release from such program must be approved by the
 2452  court. Any child so committed may be discharged from
 2453  institutional confinement or a program upon the direction of the
 2454  department with the concurrence of the court. The child’s
 2455  treatment plan progress and adjustment-related issues must be
 2456  communicated to the court at the time the department requests
 2457  the court to consider releasing the child from the commitment
 2458  program. The department shall give the court that committed the
 2459  child to the department reasonable notice, in writing, of its
 2460  desire to discharge the child from a commitment facility. The
 2461  court that committed the child may thereafter accept or reject
 2462  the request. If the court does not respond within 10 days after
 2463  receipt of the notice, the request of the department shall be
 2464  deemed granted. This section does not limit the department’s
 2465  authority to revoke a child’s temporary release status and
 2466  return the child to a commitment facility for any violation of
 2467  the terms and conditions of the temporary release.
 2468         Section 49. Paragraph (b) of subsection (4) of section
 2469  985.461, Florida Statutes, is amended to read:
 2470         985.461 Transition to adulthood.—
 2471         (4) As part of the child’s treatment plan, the department
 2472  may provide transition-to-adulthood services to children
 2473  released from residential commitment. To support participation
 2474  in transition-to-adulthood services and subject to
 2475  appropriation, the department may:
 2476         (b) Use community reentry teams to assist in the
 2477  development of a list of age-appropriate activities and
 2478  responsibilities to be incorporated in the child’s written case
 2479  plan for any youth who is under the custody or supervision of
 2480  the department. Community reentry teams may include
 2481  representatives from school districts, law enforcement,
 2482  workforce development services, community-based service
 2483  providers, the Statewide Guardian Ad Litem Office Program, and
 2484  the youth’s family. Such community reentry teams must be created
 2485  within existing resources provided to the department. Activities
 2486  may include, but are not limited to, life skills training,
 2487  including training to develop banking and budgeting skills,
 2488  interviewing and career planning skills, parenting skills,
 2489  personal health management, and time management or
 2490  organizational skills; educational support; employment training;
 2491  and counseling.
 2492         Section 50. Subsection (11) of section 985.48, Florida
 2493  Statutes, is amended to read:
 2494         985.48 Juvenile sexual offender commitment programs; sexual
 2495  abuse intervention networks.—
 2496         (11) Membership of a sexual abuse intervention network
 2497  shall include, but is not limited to, representatives from:
 2498         (a) Local law enforcement agencies;
 2499         (b) Local school boards;
 2500         (c) Child protective investigators;
 2501         (d) The office of the state attorney;
 2502         (e) The office of the public defender;
 2503         (f) The juvenile division of the circuit court;
 2504         (g) Professionals licensed under chapter 458, chapter 459,
 2505  s. 490.0145, or s. 491.0144 providing treatment for juvenile
 2506  sexual offenders or their victims;
 2507         (h) The Statewide Guardian Ad Litem Office program;
 2508         (i) The Department of Juvenile Justice; and
 2509         (j) The Department of Children and Families.
 2510         Section 51. Subsection (1) of section 39.302, Florida
 2511  Statutes, is amended to read:
 2512         39.302 Protective investigations of institutional child
 2513  abuse, abandonment, or neglect.—
 2514         (1) The department shall conduct a child protective
 2515  investigation of each report of institutional child abuse,
 2516  abandonment, or neglect. Upon receipt of a report that alleges
 2517  that an employee or agent of the department, or any other entity
 2518  or person covered by s. 39.01(39) or (57) s. 39.01(36) or (54),
 2519  acting in an official capacity, has committed an act of child
 2520  abuse, abandonment, or neglect, the department shall initiate a
 2521  child protective investigation within the timeframe established
 2522  under s. 39.101(2) and notify the appropriate state attorney,
 2523  law enforcement agency, and licensing agency, which shall
 2524  immediately conduct a joint investigation, unless independent
 2525  investigations are more feasible. When conducting investigations
 2526  or having face-to-face interviews with the child, investigation
 2527  visits shall be unannounced unless it is determined by the
 2528  department or its agent that unannounced visits threaten the
 2529  safety of the child. If a facility is exempt from licensing, the
 2530  department shall inform the owner or operator of the facility of
 2531  the report. Each agency conducting a joint investigation is
 2532  entitled to full access to the information gathered by the
 2533  department in the course of the investigation. A protective
 2534  investigation must include an interview with the child’s parent
 2535  or legal guardian. The department shall make a full written
 2536  report to the state attorney within 3 business days after making
 2537  the oral report. A criminal investigation shall be coordinated,
 2538  whenever possible, with the child protective investigation of
 2539  the department. Any interested person who has information
 2540  regarding the offenses described in this subsection may forward
 2541  a statement to the state attorney as to whether prosecution is
 2542  warranted and appropriate. Within 15 days after the completion
 2543  of the investigation, the state attorney shall report the
 2544  findings to the department and shall include in the report a
 2545  determination of whether or not prosecution is justified and
 2546  appropriate in view of the circumstances of the specific case.
 2547         Section 52. Paragraph (c) of subsection (1) of section
 2548  39.521, Florida Statutes, is amended to read:
 2549         39.521 Disposition hearings; powers of disposition.—
 2550         (1) A disposition hearing shall be conducted by the court,
 2551  if the court finds that the facts alleged in the petition for
 2552  dependency were proven in the adjudicatory hearing, or if the
 2553  parents or legal custodians have consented to the finding of
 2554  dependency or admitted the allegations in the petition, have
 2555  failed to appear for the arraignment hearing after proper
 2556  notice, or have not been located despite a diligent search
 2557  having been conducted.
 2558         (c) When any child is adjudicated by a court to be
 2559  dependent, the court having jurisdiction of the child has the
 2560  power by order to:
 2561         1. Require the parent and, when appropriate, the legal
 2562  guardian or the child to participate in treatment and services
 2563  identified as necessary. The court may require the person who
 2564  has custody or who is requesting custody of the child to submit
 2565  to a mental health or substance abuse disorder assessment or
 2566  evaluation. The order may be made only upon good cause shown and
 2567  pursuant to notice and procedural requirements provided under
 2568  the Florida Rules of Juvenile Procedure. The mental health
 2569  assessment or evaluation must be administered by a qualified
 2570  professional as defined in s. 39.01, and the substance abuse
 2571  assessment or evaluation must be administered by a qualified
 2572  professional as defined in s. 397.311. The court may also
 2573  require such person to participate in and comply with treatment
 2574  and services identified as necessary, including, when
 2575  appropriate and available, participation in and compliance with
 2576  a mental health court program established under chapter 394 or a
 2577  treatment-based drug court program established under s. 397.334.
 2578  Adjudication of a child as dependent based upon evidence of harm
 2579  as defined in s. 39.01(37)(g) s. 39.01(34)(g) demonstrates good
 2580  cause, and the court shall require the parent whose actions
 2581  caused the harm to submit to a substance abuse disorder
 2582  assessment or evaluation and to participate and comply with
 2583  treatment and services identified in the assessment or
 2584  evaluation as being necessary. In addition to supervision by the
 2585  department, the court, including the mental health court program
 2586  or the treatment-based drug court program, may oversee the
 2587  progress and compliance with treatment by a person who has
 2588  custody or is requesting custody of the child. The court may
 2589  impose appropriate available sanctions for noncompliance upon a
 2590  person who has custody or is requesting custody of the child or
 2591  make a finding of noncompliance for consideration in determining
 2592  whether an alternative placement of the child is in the child’s
 2593  best interests. Any order entered under this subparagraph may be
 2594  made only upon good cause shown. This subparagraph does not
 2595  authorize placement of a child with a person seeking custody of
 2596  the child, other than the child’s parent or legal custodian, who
 2597  requires mental health or substance abuse disorder treatment.
 2598         2. Require, if the court deems necessary, the parties to
 2599  participate in dependency mediation.
 2600         3. Require placement of the child either under the
 2601  protective supervision of an authorized agent of the department
 2602  in the home of one or both of the child’s parents or in the home
 2603  of a relative of the child or another adult approved by the
 2604  court, or in the custody of the department. Protective
 2605  supervision continues until the court terminates it or until the
 2606  child reaches the age of 18, whichever date is first. Protective
 2607  supervision shall be terminated by the court whenever the court
 2608  determines that permanency has been achieved for the child,
 2609  whether with a parent, another relative, or a legal custodian,
 2610  and that protective supervision is no longer needed. The
 2611  termination of supervision may be with or without retaining
 2612  jurisdiction, at the court’s discretion, and shall in either
 2613  case be considered a permanency option for the child. The order
 2614  terminating supervision by the department must set forth the
 2615  powers of the custodian of the child and include the powers
 2616  ordinarily granted to a guardian of the person of a minor unless
 2617  otherwise specified. Upon the court’s termination of supervision
 2618  by the department, further judicial reviews are not required if
 2619  permanency has been established for the child.
 2620         4. Determine whether the child has a strong attachment to
 2621  the prospective permanent guardian and whether such guardian has
 2622  a strong commitment to permanently caring for the child.
 2623         Section 53. Paragraph (c) of subsection (2) of section
 2624  61.13, Florida Statutes, is amended to read:
 2625         61.13 Support of children; parenting and time-sharing;
 2626  powers of court.—
 2627         (2)
 2628         (c) The court shall determine all matters relating to
 2629  parenting and time-sharing of each minor child of the parties in
 2630  accordance with the best interests of the child and in
 2631  accordance with the Uniform Child Custody Jurisdiction and
 2632  Enforcement Act, except that modification of a parenting plan
 2633  and time-sharing schedule requires a showing of a substantial
 2634  and material change of circumstances.
 2635         1. It is the public policy of this state that each minor
 2636  child has frequent and continuing contact with both parents
 2637  after the parents separate or the marriage of the parties is
 2638  dissolved and to encourage parents to share the rights and
 2639  responsibilities, and joys, of childrearing. Unless otherwise
 2640  provided in this section or agreed to by the parties, there is a
 2641  rebuttable presumption that equal time-sharing of a minor child
 2642  is in the best interests of the minor child. To rebut this
 2643  presumption, a party must prove by a preponderance of the
 2644  evidence that equal time-sharing is not in the best interests of
 2645  the minor child. Except when a time-sharing schedule is agreed
 2646  to by the parties and approved by the court, the court must
 2647  evaluate all of the factors set forth in subsection (3) and make
 2648  specific written findings of fact when creating or modifying a
 2649  time-sharing schedule.
 2650         2. The court shall order that the parental responsibility
 2651  for a minor child be shared by both parents unless the court
 2652  finds that shared parental responsibility would be detrimental
 2653  to the child. In determining detriment to the child, the court
 2654  shall consider:
 2655         a. Evidence of domestic violence, as defined in s. 741.28;
 2656         b. Whether either parent has or has had reasonable cause to
 2657  believe that he or she or his or her minor child or children are
 2658  or have been in imminent danger of becoming victims of an act of
 2659  domestic violence as defined in s. 741.28 or sexual violence as
 2660  defined in s. 784.046(1)(c) by the other parent against the
 2661  parent or against the child or children whom the parents share
 2662  in common regardless of whether a cause of action has been
 2663  brought or is currently pending in the court;
 2664         c. Whether either parent has or has had reasonable cause to
 2665  believe that his or her minor child or children are or have been
 2666  in imminent danger of becoming victims of an act of abuse as
 2667  defined in s. 39.01(2), abandonment as defined in s. 39.01(1),
 2668  or neglect, as those terms are defined in s. 39.01, s. 39.01(50)
 2669  by the other parent against the child or children whom the
 2670  parents share in common regardless of whether a cause of action
 2671  has been brought or is currently pending in the court; and
 2672         d. Any other relevant factors.
 2673         3. The following evidence creates a rebuttable presumption
 2674  that shared parental responsibility is detrimental to the child:
 2675         a. A parent has been convicted of a misdemeanor of the
 2676  first degree or higher involving domestic violence, as defined
 2677  in s. 741.28 and chapter 775;
 2678         b. A parent meets the criteria of s. 39.806(1)(d); or
 2679         c. A parent has been convicted of or had adjudication
 2680  withheld for an offense enumerated in s. 943.0435(1)(h)1.a., and
 2681  at the time of the offense:
 2682         (I) The parent was 18 years of age or older.
 2683         (II) The victim was under 18 years of age or the parent
 2684  believed the victim to be under 18 years of age.
 2685  
 2686  If the presumption is not rebutted after the convicted parent is
 2687  advised by the court that the presumption exists, shared
 2688  parental responsibility, including time-sharing with the child,
 2689  and decisions made regarding the child, may not be granted to
 2690  the convicted parent. However, the convicted parent is not
 2691  relieved of any obligation to provide financial support. If the
 2692  court determines that shared parental responsibility would be
 2693  detrimental to the child, it may order sole parental
 2694  responsibility and make such arrangements for time-sharing as
 2695  specified in the parenting plan as will best protect the child
 2696  or abused spouse from further harm. Whether or not there is a
 2697  conviction of any offense of domestic violence or child abuse or
 2698  the existence of an injunction for protection against domestic
 2699  violence, the court shall consider evidence of domestic violence
 2700  or child abuse as evidence of detriment to the child.
 2701         4. In ordering shared parental responsibility, the court
 2702  may consider the expressed desires of the parents and may grant
 2703  to one party the ultimate responsibility over specific aspects
 2704  of the child’s welfare or may divide those responsibilities
 2705  between the parties based on the best interests of the child.
 2706  Areas of responsibility may include education, health care, and
 2707  any other responsibilities that the court finds unique to a
 2708  particular family.
 2709         5. The court shall order sole parental responsibility for a
 2710  minor child to one parent, with or without time-sharing with the
 2711  other parent if it is in the best interests of the minor child.
 2712         6. There is a rebuttable presumption against granting time
 2713  sharing with a minor child if a parent has been convicted of or
 2714  had adjudication withheld for an offense enumerated in s.
 2715  943.0435(1)(h)1.a., and at the time of the offense:
 2716         a. The parent was 18 years of age or older.
 2717         b. The victim was under 18 years of age or the parent
 2718  believed the victim to be under 18 years of age.
 2719  
 2720  A parent may rebut the presumption upon a specific finding in
 2721  writing by the court that the parent poses no significant risk
 2722  of harm to the child and that time-sharing is in the best
 2723  interests of the minor child. If the presumption is rebutted,
 2724  the court must consider all time-sharing factors in subsection
 2725  (3) when developing a time-sharing schedule.
 2726         7. Access to records and information pertaining to a minor
 2727  child, including, but not limited to, medical, dental, and
 2728  school records, may not be denied to either parent. Full rights
 2729  under this subparagraph apply to either parent unless a court
 2730  order specifically revokes these rights, including any
 2731  restrictions on these rights as provided in a domestic violence
 2732  injunction. A parent having rights under this subparagraph has
 2733  the same rights upon request as to form, substance, and manner
 2734  of access as are available to the other parent of a child,
 2735  including, without limitation, the right to in-person
 2736  communication with medical, dental, and education providers.
 2737         Section 54. Paragraph (d) of subsection (4) of section
 2738  119.071, Florida Statutes, is amended to read:
 2739         119.071 General exemptions from inspection or copying of
 2740  public records.—
 2741         (4) AGENCY PERSONNEL INFORMATION.—
 2742         (d)1. For purposes of this paragraph, the term:
 2743         a. “Home addresses” means the dwelling location at which an
 2744  individual resides and includes the physical address, mailing
 2745  address, street address, parcel identification number, plot
 2746  identification number, legal property description, neighborhood
 2747  name and lot number, GPS coordinates, and any other descriptive
 2748  property information that may reveal the home address.
 2749         b. “Judicial assistant” means a court employee assigned to
 2750  the following class codes: 8140, 8150, 8310, and 8320.
 2751         c. “Telephone numbers” includes home telephone numbers,
 2752  personal cellular telephone numbers, personal pager telephone
 2753  numbers, and telephone numbers associated with personal
 2754  communications devices.
 2755         2.a. The home addresses, telephone numbers, dates of birth,
 2756  and photographs of active or former sworn law enforcement
 2757  personnel or of active or former civilian personnel employed by
 2758  a law enforcement agency, including correctional and
 2759  correctional probation officers, personnel of the Department of
 2760  Children and Families whose duties include the investigation of
 2761  abuse, neglect, exploitation, fraud, theft, or other criminal
 2762  activities, personnel of the Department of Health whose duties
 2763  are to support the investigation of child abuse or neglect, and
 2764  personnel of the Department of Revenue or local governments
 2765  whose responsibilities include revenue collection and
 2766  enforcement or child support enforcement; the names, home
 2767  addresses, telephone numbers, photographs, dates of birth, and
 2768  places of employment of the spouses and children of such
 2769  personnel; and the names and locations of schools and day care
 2770  facilities attended by the children of such personnel are exempt
 2771  from s. 119.07(1) and s. 24(a), Art. I of the State
 2772  Constitution.
 2773         b. The home addresses, telephone numbers, dates of birth,
 2774  and photographs of current or former nonsworn investigative
 2775  personnel of the Department of Financial Services whose duties
 2776  include the investigation of fraud, theft, workers’ compensation
 2777  coverage requirements and compliance, other related criminal
 2778  activities, or state regulatory requirement violations; the
 2779  names, home addresses, telephone numbers, dates of birth, and
 2780  places of employment of the spouses and children of such
 2781  personnel; and the names and locations of schools and day care
 2782  facilities attended by the children of such personnel are exempt
 2783  from s. 119.07(1) and s. 24(a), Art. I of the State
 2784  Constitution.
 2785         c. The home addresses, telephone numbers, dates of birth,
 2786  and photographs of current or former nonsworn investigative
 2787  personnel of the Office of Financial Regulation’s Bureau of
 2788  Financial Investigations whose duties include the investigation
 2789  of fraud, theft, other related criminal activities, or state
 2790  regulatory requirement violations; the names, home addresses,
 2791  telephone numbers, dates of birth, and places of employment of
 2792  the spouses and children of such personnel; and the names and
 2793  locations of schools and day care facilities attended by the
 2794  children of such personnel are exempt from s. 119.07(1) and s.
 2795  24(a), Art. I of the State Constitution.
 2796         d. The home addresses, telephone numbers, dates of birth,
 2797  and photographs of current or former firefighters certified in
 2798  compliance with s. 633.408; the names, home addresses, telephone
 2799  numbers, photographs, dates of birth, and places of employment
 2800  of the spouses and children of such firefighters; and the names
 2801  and locations of schools and day care facilities attended by the
 2802  children of such firefighters are exempt from s. 119.07(1) and
 2803  s. 24(a), Art. I of the State Constitution.
 2804         e. The home addresses, dates of birth, and telephone
 2805  numbers of current or former justices of the Supreme Court,
 2806  district court of appeal judges, circuit court judges, and
 2807  county court judges, and of current judicial assistants; the
 2808  names, home addresses, telephone numbers, dates of birth, and
 2809  places of employment of the spouses and children of current or
 2810  former justices and judges and of current judicial assistants;
 2811  and the names and locations of schools and day care facilities
 2812  attended by the children of current or former justices and
 2813  judges and of current judicial assistants are exempt from s.
 2814  119.07(1) and s. 24(a), Art. I of the State Constitution. This
 2815  sub-subparagraph is subject to the Open Government Sunset Review
 2816  Act in accordance with s. 119.15 and shall stand repealed on
 2817  October 2, 2028, unless reviewed and saved from repeal through
 2818  reenactment by the Legislature.
 2819         f. The home addresses, telephone numbers, dates of birth,
 2820  and photographs of current or former state attorneys, assistant
 2821  state attorneys, statewide prosecutors, or assistant statewide
 2822  prosecutors; the names, home addresses, telephone numbers,
 2823  photographs, dates of birth, and places of employment of the
 2824  spouses and children of current or former state attorneys,
 2825  assistant state attorneys, statewide prosecutors, or assistant
 2826  statewide prosecutors; and the names and locations of schools
 2827  and day care facilities attended by the children of current or
 2828  former state attorneys, assistant state attorneys, statewide
 2829  prosecutors, or assistant statewide prosecutors are exempt from
 2830  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
 2831         g. The home addresses, dates of birth, and telephone
 2832  numbers of general magistrates, special magistrates, judges of
 2833  compensation claims, administrative law judges of the Division
 2834  of Administrative Hearings, and child support enforcement
 2835  hearing officers; the names, home addresses, telephone numbers,
 2836  dates of birth, and places of employment of the spouses and
 2837  children of general magistrates, special magistrates, judges of
 2838  compensation claims, administrative law judges of the Division
 2839  of Administrative Hearings, and child support enforcement
 2840  hearing officers; and the names and locations of schools and day
 2841  care facilities attended by the children of general magistrates,
 2842  special magistrates, judges of compensation claims,
 2843  administrative law judges of the Division of Administrative
 2844  Hearings, and child support enforcement hearing officers are
 2845  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 2846  Constitution.
 2847         h. The home addresses, telephone numbers, dates of birth,
 2848  and photographs of current or former human resource, labor
 2849  relations, or employee relations directors, assistant directors,
 2850  managers, or assistant managers of any local government agency
 2851  or water management district whose duties include hiring and
 2852  firing employees, labor contract negotiation, administration, or
 2853  other personnel-related duties; the names, home addresses,
 2854  telephone numbers, dates of birth, and places of employment of
 2855  the spouses and children of such personnel; and the names and
 2856  locations of schools and day care facilities attended by the
 2857  children of such personnel are exempt from s. 119.07(1) and s.
 2858  24(a), Art. I of the State Constitution.
 2859         i. The home addresses, telephone numbers, dates of birth,
 2860  and photographs of current or former code enforcement officers;
 2861  the names, home addresses, telephone numbers, dates of birth,
 2862  and places of employment of the spouses and children of such
 2863  personnel; and the names and locations of schools and day care
 2864  facilities attended by the children of such personnel are exempt
 2865  from s. 119.07(1) and s. 24(a), Art. I of the State
 2866  Constitution.
 2867         j. The home addresses, telephone numbers, places of
 2868  employment, dates of birth, and photographs of current or former
 2869  guardians ad litem, as defined in s. 39.01 s. 39.820; the names,
 2870  home addresses, telephone numbers, dates of birth, and places of
 2871  employment of the spouses and children of such persons; and the
 2872  names and locations of schools and day care facilities attended
 2873  by the children of such persons are exempt from s. 119.07(1) and
 2874  s. 24(a), Art. I of the State Constitution.
 2875         k. The home addresses, telephone numbers, dates of birth,
 2876  and photographs of current or former juvenile probation
 2877  officers, juvenile probation supervisors, detention
 2878  superintendents, assistant detention superintendents, juvenile
 2879  justice detention officers I and II, juvenile justice detention
 2880  officer supervisors, juvenile justice residential officers,
 2881  juvenile justice residential officer supervisors I and II,
 2882  juvenile justice counselors, juvenile justice counselor
 2883  supervisors, human services counselor administrators, senior
 2884  human services counselor administrators, rehabilitation
 2885  therapists, and social services counselors of the Department of
 2886  Juvenile Justice; the names, home addresses, telephone numbers,
 2887  dates of birth, and places of employment of spouses and children
 2888  of such personnel; and the names and locations of schools and
 2889  day care facilities attended by the children of such personnel
 2890  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 2891  Constitution.
 2892         l. The home addresses, telephone numbers, dates of birth,
 2893  and photographs of current or former public defenders, assistant
 2894  public defenders, criminal conflict and civil regional counsel,
 2895  and assistant criminal conflict and civil regional counsel; the
 2896  names, home addresses, telephone numbers, dates of birth, and
 2897  places of employment of the spouses and children of current or
 2898  former public defenders, assistant public defenders, criminal
 2899  conflict and civil regional counsel, and assistant criminal
 2900  conflict and civil regional counsel; and the names and locations
 2901  of schools and day care facilities attended by the children of
 2902  current or former public defenders, assistant public defenders,
 2903  criminal conflict and civil regional counsel, and assistant
 2904  criminal conflict and civil regional counsel are exempt from s.
 2905  119.07(1) and s. 24(a), Art. I of the State Constitution.
 2906         m. The home addresses, telephone numbers, dates of birth,
 2907  and photographs of current or former investigators or inspectors
 2908  of the Department of Business and Professional Regulation; the
 2909  names, home addresses, telephone numbers, dates of birth, and
 2910  places of employment of the spouses and children of such current
 2911  or former investigators and inspectors; and the names and
 2912  locations of schools and day care facilities attended by the
 2913  children of such current or former investigators and inspectors
 2914  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 2915  Constitution.
 2916         n. The home addresses, telephone numbers, and dates of
 2917  birth of county tax collectors; the names, home addresses,
 2918  telephone numbers, dates of birth, and places of employment of
 2919  the spouses and children of such tax collectors; and the names
 2920  and locations of schools and day care facilities attended by the
 2921  children of such tax collectors are exempt from s. 119.07(1) and
 2922  s. 24(a), Art. I of the State Constitution.
 2923         o. The home addresses, telephone numbers, dates of birth,
 2924  and photographs of current or former personnel of the Department
 2925  of Health whose duties include, or result in, the determination
 2926  or adjudication of eligibility for social security disability
 2927  benefits, the investigation or prosecution of complaints filed
 2928  against health care practitioners, or the inspection of health
 2929  care practitioners or health care facilities licensed by the
 2930  Department of Health; the names, home addresses, telephone
 2931  numbers, dates of birth, and places of employment of the spouses
 2932  and children of such personnel; and the names and locations of
 2933  schools and day care facilities attended by the children of such
 2934  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
 2935  the State Constitution.
 2936         p. The home addresses, telephone numbers, dates of birth,
 2937  and photographs of current or former impaired practitioner
 2938  consultants who are retained by an agency or current or former
 2939  employees of an impaired practitioner consultant whose duties
 2940  result in a determination of a person’s skill and safety to
 2941  practice a licensed profession; the names, home addresses,
 2942  telephone numbers, dates of birth, and places of employment of
 2943  the spouses and children of such consultants or their employees;
 2944  and the names and locations of schools and day care facilities
 2945  attended by the children of such consultants or employees are
 2946  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 2947  Constitution.
 2948         q. The home addresses, telephone numbers, dates of birth,
 2949  and photographs of current or former emergency medical
 2950  technicians or paramedics certified under chapter 401; the
 2951  names, home addresses, telephone numbers, dates of birth, and
 2952  places of employment of the spouses and children of such
 2953  emergency medical technicians or paramedics; and the names and
 2954  locations of schools and day care facilities attended by the
 2955  children of such emergency medical technicians or paramedics are
 2956  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 2957  Constitution.
 2958         r. The home addresses, telephone numbers, dates of birth,
 2959  and photographs of current or former personnel employed in an
 2960  agency’s office of inspector general or internal audit
 2961  department whose duties include auditing or investigating waste,
 2962  fraud, abuse, theft, exploitation, or other activities that
 2963  could lead to criminal prosecution or administrative discipline;
 2964  the names, home addresses, telephone numbers, dates of birth,
 2965  and places of employment of spouses and children of such
 2966  personnel; and the names and locations of schools and day care
 2967  facilities attended by the children of such personnel are exempt
 2968  from s. 119.07(1) and s. 24(a), Art. I of the State
 2969  Constitution.
 2970         s. The home addresses, telephone numbers, dates of birth,
 2971  and photographs of current or former directors, managers,
 2972  supervisors, nurses, and clinical employees of an addiction
 2973  treatment facility; the home addresses, telephone numbers,
 2974  photographs, dates of birth, and places of employment of the
 2975  spouses and children of such personnel; and the names and
 2976  locations of schools and day care facilities attended by the
 2977  children of such personnel are exempt from s. 119.07(1) and s.
 2978  24(a), Art. I of the State Constitution. For purposes of this
 2979  sub-subparagraph, the term “addiction treatment facility” means
 2980  a county government, or agency thereof, that is licensed
 2981  pursuant to s. 397.401 and provides substance abuse prevention,
 2982  intervention, or clinical treatment, including any licensed
 2983  service component described in s. 397.311(26).
 2984         t. The home addresses, telephone numbers, dates of birth,
 2985  and photographs of current or former directors, managers,
 2986  supervisors, and clinical employees of a child advocacy center
 2987  that meets the standards of s. 39.3035(2) and fulfills the
 2988  screening requirement of s. 39.3035(3), and the members of a
 2989  Child Protection Team as described in s. 39.303 whose duties
 2990  include supporting the investigation of child abuse or sexual
 2991  abuse, child abandonment, child neglect, and child exploitation
 2992  or to provide services as part of a multidisciplinary case
 2993  review team; the names, home addresses, telephone numbers,
 2994  photographs, dates of birth, and places of employment of the
 2995  spouses and children of such personnel and members; and the
 2996  names and locations of schools and day care facilities attended
 2997  by the children of such personnel and members are exempt from s.
 2998  119.07(1) and s. 24(a), Art. I of the State Constitution.
 2999         u. The home addresses, telephone numbers, places of
 3000  employment, dates of birth, and photographs of current or former
 3001  staff and domestic violence advocates, as defined in s.
 3002  90.5036(1)(b), of domestic violence centers certified by the
 3003  Department of Children and Families under chapter 39; the names,
 3004  home addresses, telephone numbers, places of employment, dates
 3005  of birth, and photographs of the spouses and children of such
 3006  personnel; and the names and locations of schools and day care
 3007  facilities attended by the children of such personnel are exempt
 3008  from s. 119.07(1) and s. 24(a), Art. I of the State
 3009  Constitution.
 3010         v. The home addresses, telephone numbers, dates of birth,
 3011  and photographs of current or former inspectors or investigators
 3012  of the Department of Agriculture and Consumer Services; the
 3013  names, home addresses, telephone numbers, dates of birth, and
 3014  places of employment of the spouses and children of current or
 3015  former inspectors or investigators; and the names and locations
 3016  of schools and day care facilities attended by the children of
 3017  current or former inspectors or investigators are exempt from s.
 3018  119.07(1) and s. 24(a), Art. I of the State Constitution. This
 3019  sub-subparagraph is subject to the Open Government Sunset Review
 3020  Act in accordance with s. 119.15 and shall stand repealed on
 3021  October 2, 2028, unless reviewed and saved from repeal through
 3022  reenactment by the Legislature.
 3023         3. An agency that is the custodian of the information
 3024  specified in subparagraph 2. and that is not the employer of the
 3025  officer, employee, justice, judge, or other person specified in
 3026  subparagraph 2. must maintain the exempt status of that
 3027  information only if the officer, employee, justice, judge, other
 3028  person, or employing agency of the designated employee submits a
 3029  written and notarized request for maintenance of the exemption
 3030  to the custodial agency. The request must state under oath the
 3031  statutory basis for the individual’s exemption request and
 3032  confirm the individual’s status as a party eligible for exempt
 3033  status.
 3034         4.a. A county property appraiser, as defined in s.
 3035  192.001(3), or a county tax collector, as defined in s.
 3036  192.001(4), who receives a written and notarized request for
 3037  maintenance of the exemption pursuant to subparagraph 3. must
 3038  comply by removing the name of the individual with exempt status
 3039  and the instrument number or Official Records book and page
 3040  number identifying the property with the exempt status from all
 3041  publicly available records maintained by the property appraiser
 3042  or tax collector. For written requests received on or before
 3043  July 1, 2021, a county property appraiser or county tax
 3044  collector must comply with this sub-subparagraph by October 1,
 3045  2021. A county property appraiser or county tax collector may
 3046  not remove the street address, legal description, or other
 3047  information identifying real property within the agency’s
 3048  records so long as a name or personal information otherwise
 3049  exempt from inspection and copying pursuant to this section is
 3050  not associated with the property or otherwise displayed in the
 3051  public records of the agency.
 3052         b. Any information restricted from public display,
 3053  inspection, or copying under sub-subparagraph a. must be
 3054  provided to the individual whose information was removed.
 3055         5. An officer, an employee, a justice, a judge, or other
 3056  person specified in subparagraph 2. may submit a written request
 3057  for the release of his or her exempt information to the
 3058  custodial agency. The written request must be notarized and must
 3059  specify the information to be released and the party authorized
 3060  to receive the information. Upon receipt of the written request,
 3061  the custodial agency must release the specified information to
 3062  the party authorized to receive such information.
 3063         6. The exemptions in this paragraph apply to information
 3064  held by an agency before, on, or after the effective date of the
 3065  exemption.
 3066         7. Information made exempt under this paragraph may be
 3067  disclosed pursuant to s. 28.2221 to a title insurer authorized
 3068  pursuant to s. 624.401 and its affiliates as defined in s.
 3069  624.10; a title insurance agent or title insurance agency as
 3070  defined in s. 626.841(1) or (2), respectively; or an attorney
 3071  duly admitted to practice law in this state and in good standing
 3072  with The Florida Bar.
 3073         8. The exempt status of a home address contained in the
 3074  Official Records is maintained only during the period when a
 3075  protected party resides at the dwelling location. Upon
 3076  conveyance of real property after October 1, 2021, and when such
 3077  real property no longer constitutes a protected party’s home
 3078  address as defined in sub-subparagraph 1.a., the protected party
 3079  must submit a written request to release the removed information
 3080  to the county recorder. The written request to release the
 3081  removed information must be notarized, must confirm that a
 3082  protected party’s request for release is pursuant to a
 3083  conveyance of his or her dwelling location, and must specify the
 3084  Official Records book and page, instrument number, or clerk’s
 3085  file number for each document containing the information to be
 3086  released.
 3087         9. Upon the death of a protected party as verified by a
 3088  certified copy of a death certificate or court order, any party
 3089  can request the county recorder to release a protected
 3090  decedent’s removed information unless there is a related request
 3091  on file with the county recorder for continued removal of the
 3092  decedent’s information or unless such removal is otherwise
 3093  prohibited by statute or by court order. The written request to
 3094  release the removed information upon the death of a protected
 3095  party must attach the certified copy of a death certificate or
 3096  court order and must be notarized, must confirm the request for
 3097  release is due to the death of a protected party, and must
 3098  specify the Official Records book and page number, instrument
 3099  number, or clerk’s file number for each document containing the
 3100  information to be released. A fee may not be charged for the
 3101  release of any document pursuant to such request.
 3102         10. Except as otherwise expressly provided in this
 3103  paragraph, this paragraph is subject to the Open Government
 3104  Sunset Review Act in accordance with s. 119.15 and shall stand
 3105  repealed on October 2, 2024, unless reviewed and saved from
 3106  repeal through reenactment by the Legislature.
 3107         Section 55. Subsection (4) of section 322.09, Florida
 3108  Statutes, is amended to read:
 3109         322.09 Application of minors; responsibility for negligence
 3110  or misconduct of minor.—
 3111         (4) Notwithstanding subsections (1) and (2), if a caregiver
 3112  of a minor who is under the age of 18 years and is in out-of
 3113  home care as defined in s. 39.01 s. 39.01(55), an authorized
 3114  representative of a residential group home at which such a minor
 3115  resides, the caseworker at the agency at which the state has
 3116  placed the minor, or a guardian ad litem specifically authorized
 3117  by the minor’s caregiver to sign for a learner’s driver license
 3118  signs the minor’s application for a learner’s driver license,
 3119  that caregiver, group home representative, caseworker, or
 3120  guardian ad litem does not assume any obligation or become
 3121  liable for any damages caused by the negligence or willful
 3122  misconduct of the minor by reason of having signed the
 3123  application. Before signing the application, the caseworker,
 3124  authorized group home representative, or guardian ad litem shall
 3125  notify the caregiver or other responsible party of his or her
 3126  intent to sign and verify the application.
 3127         Section 56. Paragraph (p) of subsection (4) of section
 3128  394.495, Florida Statutes, is amended to read:
 3129         394.495 Child and adolescent mental health system of care;
 3130  programs and services.—
 3131         (4) The array of services may include, but is not limited
 3132  to:
 3133         (p) Trauma-informed services for children who have suffered
 3134  sexual exploitation as defined in s. 39.01(80)(g) s.
 3135  39.01(77)(g).
 3136         Section 57. Section 627.746, Florida Statutes, is amended
 3137  to read:
 3138         627.746 Coverage for minors who have a learner’s driver
 3139  license; additional premium prohibited.—An insurer that issues
 3140  an insurance policy on a private passenger motor vehicle to a
 3141  named insured who is a caregiver of a minor who is under the age
 3142  of 18 years and is in out-of-home care as defined in s. 39.01 s.
 3143  39.01(55) may not charge an additional premium for coverage of
 3144  the minor while the minor is operating the insured vehicle, for
 3145  the period of time that the minor has a learner’s driver
 3146  license, until such time as the minor obtains a driver license.
 3147         Section 58. Paragraph (c) of subsection (1) of section
 3148  934.255, Florida Statutes, is amended to read:
 3149         934.255 Subpoenas in investigations of sexual offenses.—
 3150         (1) As used in this section, the term:
 3151         (c) “Sexual abuse of a child” means a criminal offense
 3152  based on any conduct described in s. 39.01(80) s. 39.01(77).
 3153         Section 59. Subsection (5) of section 960.065, Florida
 3154  Statutes, is amended to read:
 3155         960.065 Eligibility for awards.—
 3156         (5) A person is not ineligible for an award pursuant to
 3157  paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c) if that
 3158  person is a victim of sexual exploitation of a child as defined
 3159  in s. 39.01(80)(g) s. 39.01(77)(g).
 3160         Section 60. The Division of Law Revision is requested to
 3161  prepare a reviser’s bill for the 2025 Regular Session of the
 3162  Legislature to substitute the term “Statewide Guardian ad Litem
 3163  Office” for the term “Guardian ad Litem Program” or “Statewide
 3164  Guardian ad Litem Program” throughout the Florida Statutes.
 3165         Section 61. This act shall take effect July 1, 2024.