Bill Summary – FastDemocracy

       Florida Senate - 2022                                    SB 1894
       
       
        
       By Senator Baxley
       
       
       
       
       
       12-01309A-22                                          20221894__
                      A bill to be entitled                      
       An act relating to court proceedings; amending s.
       39.013, F.S.; authorizing individuals to appear at or
       attend hearings or conferences relating to children
       through audio-video communication technology, except
       under certain circumstances; amending s. 39.0131,
       F.S.; requiring parties in certain proceedings to
       designate their primary e-mail addresses with the
       court; authorizing courts to excuse a party from the
       requirement for good cause shown; amending s. 39.402,
       F.S.; requiring that court notices for shelter
       placement hearings held through audio-video
       communication technology include certain information;
       amending s. 39.502, F.S.; specifying how parties to
       certain hearings involving children may consent to
       service or notice by e-mail; requiring that certain
       summonses or notices contain instructions for
       appearance through audio-video communications
       technology; amending s. 39.506, F.S.; requiring
       parties at arraignment hearings to provide the court
       with a primary e-mail address; authorizing the court
       to excuse a party from the requirement for good cause;
       conforming provisions to changes made by the act;
       amending ss. 39.521 and 39.801, F.S.; conforming
       provisions to changes made by the act; amending s.
       92.54, F.S.; authorizing the use of audio-video
       communication technology for showing testimonies in
       proceedings involving a victim or witness under the
       age of 18 or who has an intellectual disability;
       amending s. 985.319, F.S.; requiring that summonses
       for juvenile delinquency hearings held through audio
       video communication technology provide certain
       information; providing an effective date.
        
Be It Enacted by the Legislature of the State of Florida:

       Section 1.âSubsection (13) is added to section 39.013,
Florida Statutes, to read:
       39.013âProcedures and jurisdiction; right to counsel.â
       (13)âExcept as otherwise provided in this chapter, an
individualâs appearance or attendance at a hearing or conference
may be through his or her physical appearance or, at the
discretion of the court, through audio-video communication
technology, unless the court determines that appearance through
audio-video communication technology is inconsistent with the
United States Constitution, the State Constitution, a statute, a
rule of court, or a court order.
       Section 2.âSection 39.0131, Florida Statutes, is amended to
read:
       39.0131âPermanent mailing and primary e-mail address
designation.âUpon the first appearance before the court, each
party shall provide to the court a permanent mailing address and
primary e-mail address. The court shall advise each party that
these addresses this address will be used by the court and the
petitioner for notice purposes unless and until the party
notifies the court and the petitioner in writing of a new
mailing or e-mail address. The court may excuse a party from the
requirement to provide an e-mail address for good cause shown.
       Section 3.âSubsection (16) of section 39.402, Florida
Statutes, is amended to read:
       39.402âPlacement in a shelter.â
       (16)âAt the conclusion of a shelter hearing, the court
shall notify all parties in writing of the next scheduled
hearing to review the shelter placement. If the hearing will be
held through audio-video communication technology, the written
notice must include all relevant information to attend the
proceeding. The hearing shall be held no later than 30 days
after placement of the child in shelter status, in conjunction
with the arraignment hearing, and at such times as are otherwise
provided by law or determined by the court to be necessary.
       Section 4.âSubsections (1), (4), (5), (18), and (19) of
section 39.502, Florida Statutes, are amended to read:
       39.502âNotice, process, and service.â
       (1)âUnless parental rights have been terminated, all
parents must be notified of all proceedings or hearings
involving the child. Notice in cases involving shelter hearings
and hearings resulting from medical emergencies must be that
most likely to result in actual notice to the parents. A party
may consent to service or notice by e-mail by providing a
primary e-mail address to the clerk of the court. In all other
dependency proceedings, notice must be provided in accordance
with subsections (4)-(9), except when a relative requests
notification pursuant to s. 39.301(14)(b), in which case notice
shall be provided pursuant to subsection (19).
       (4)âThe summons shall require the person on whom it is
served to appear for a hearing at a time and place specified,
not less than 72 hours after service of the summons. If
applicable, the summons must also include instructions for
appearing at the hearing through audio-video communication
technology. A copy of the petition shall be attached to the
summons.
       (5)âThe summons shall be directed to, and shall be served
upon, all parties other than the petitioner. A party may consent
to service by e-mail by providing a primary e-mail address to
the clerk of the court.
       (18)âIn all proceedings under this part, the court shall
provide to the parent or legal custodian of the child, at the
conclusion of any hearing, a written notice containing the date
of the next scheduled hearing. The court shall also include the
date of the next hearing in any order issued by the court. If
the hearing is to be conducted through audio-video communication
technology, the instructions for appearance must also be
included.
       (19)âIn all proceedings and hearings under this chapter,
the attorney for the department shall notify, orally or in
writing, a relative requesting notification pursuant to s.
39.301(14)(b) of the date, time, and location of such
proceedings and hearings and, if applicable, the instructions
for appearance through audio-video communication technology, and
notify the relative that he or she has the right to attend all
subsequent proceedings and hearings, to submit reports to the
court, and to speak to the court regarding the child, if the
relative so desires. The court has the discretion to release the
attorney for the department from notifying a relative who
requested notification pursuant to s. 39.301(14)(b) if the
relativeâs involvement is determined to be impeding the
dependency process or detrimental to the childâs well-being.
       Section 5.âSubsections (3) and (4) of section 39.506,
Florida Statutes, are amended to read:
       39.506âArraignment hearings.â
       (3)âFailure of a person served with notice to personally
appear at the arraignment hearing constitutes the personâs
consent to a dependency adjudication. The document containing
the notice to respond or appear must contain, in type at least
as large as the balance of the document, the following or
substantially similar language: âFAILURE TO PERSONALLY APPEAR AT
THE ARRAIGNMENT HEARING CONSTITUTES CONSENT TO THE ADJUDICATION
OF THIS CHILD (OR CHILDREN) AS A DEPENDENT CHILD (OR CHILDREN)
AND MAY ULTIMATELY RESULT IN LOSS OF CUSTODY OF THIS CHILD (OR
CHILDREN).â If a person appears for the arraignment hearing and
the court orders that person to personally appear, either
physically or through audio-video communication technology, at
the adjudicatory hearing for dependency, stating the date, time,
and place, and, if applicable, the instructions for appearance
through audio-video communication technology, of the
adjudicatory hearing, then that personâs failure to appear for
the scheduled adjudicatory hearing constitutes consent to a
dependency adjudication.
       (4)âAt the arraignment hearing, each party shall provide to
the court a permanent mailing address and a primary e-mail
address. The court shall advise each party that these addresses
this address will be used by the court and the petitioner for
notice purposes unless and until the party notifies the court
and the petitioner in writing of a new mailing or e-mail
address. The court may, for good cause shown, excuse a party
from the requirement to provide an e-mail address.
       Section 6.âParagraph (e) of subsection (1) of section
39.521, Florida Statutes, is amended to read:
       39.521âDisposition hearings; powers of disposition.â
       (1)âA disposition hearing shall be conducted by the court,
if the court finds that the facts alleged in the petition for
dependency were proven in the adjudicatory hearing, or if the
parents or legal custodians have consented to the finding of
dependency or admitted the allegations in the petition, have
failed to appear for the arraignment hearing after proper
notice, or have not been located despite a diligent search
having been conducted.
       (e)âThe court shall, in its written order of disposition,
include all of the following:
       1.âThe placement or custody of the child.
       2.âSpecial conditions of placement and visitation.
       3.âEvaluation, counseling, treatment activities, and other
actions to be taken by the parties, if ordered.
       4.âThe persons or entities responsible for supervising or
monitoring services to the child and parent.
       5.âContinuation or discharge of the guardian ad litem, as
appropriate.
       6.âThe date, time, and location of the next scheduled
review hearing and, if applicable, instructions for appearance
through audio-video communication technology, which hearing must
occur within the earlier of:
       a.âNinety days after the disposition hearing;
       b.âNinety days after the court accepts the case plan;
       c.âSix months after the date of the last review hearing; or
       d.âSix months after the date of the childâs removal from
his or her home, if no review hearing has been held since the
childâs removal from the home.
       7.âIf the child is in an out-of-home placement, child
support to be paid by the parents, or the guardian of the
childâs estate if possessed of assets which under law may be
disbursed for the care, support, and maintenance of the child.
The court may exercise jurisdiction over all child support
matters, shall adjudicate the financial obligation, including
health insurance, of the childâs parents or guardian, and shall
enforce the financial obligation as provided in chapter 61. The
stateâs child support enforcement agency shall enforce child
support orders under this section in the same manner as child
support orders under chapter 61. Placement of the child shall
not be contingent upon issuance of a support order.
       8.a.âIf the court does not commit the child to the
temporary legal custody of an adult relative, legal custodian,
or other adult approved by the court, the disposition order must
include the reasons for such a decision and shall include a
determination as to whether diligent efforts were made by the
department to locate an adult relative, legal custodian, or
other adult willing to care for the child in order to present
that placement option to the court instead of placement with the
department.
       b.âIf no suitable relative is found and the child is placed
with the department or a legal custodian or other adult approved
by the court, both the department and the court shall consider
transferring temporary legal custody to an adult relative
approved by the court at a later date, but neither the
department nor the court is obligated to so place the child if
it is in the childâs best interest to remain in the current
placement.

For the purposes of this section, âdiligent efforts to locate an
adult relativeâ means a search similar to the diligent search
for a parent, but without the continuing obligation to search
after an initial adequate search is completed.
       9.âOther requirements necessary to protect the health,
safety, and well-being of the child, to preserve the stability
of the childâs child care, early education program, or any other
educational placement, and to promote family preservation or
reunification whenever possible.
       Section 7.âParagraphs (a) and (d) of subsection (3) of
section 39.801, Florida Statutes, are amended to read:
       39.801âProcedures and jurisdiction; notice; service of
process.â
       (3)âBefore the court may terminate parental rights, in
addition to the other requirements set forth in this part, the
following requirements must be met:
       (a)âNotice of the date, time, and place of the advisory
hearing for the petition to terminate parental rights; if
applicable, instructions for appearance through audio-video
communication technology; and a copy of the petition must be
personally served upon the following persons, specifically
notifying them that a petition has been filed:
       1.âThe parents of the child.
       2.âThe legal custodians of the child.
       3.âIf the parents who would be entitled to notice are dead
or unknown, a living relative of the child, unless upon diligent
search and inquiry no such relative can be found.
       4.âAny person who has physical custody of the child.
       5.âAny grandparent entitled to priority for adoption under
s. 63.0425.
       6.âAny prospective parent who has been identified under s.
39.503 or s. 39.803, unless a court order has been entered
pursuant to s. 39.503(4) or (9) or s. 39.803(4) or (9) which
indicates no further notice is required. Except as otherwise
provided in this section, if there is not a legal father, notice
of the petition for termination of parental rights must be
provided to any known prospective father who is identified under
oath before the court or who is identified by a diligent search
of the Florida Putative Father Registry. Service of the notice
of the petition for termination of parental rights is not
required if the prospective father executes an affidavit of
nonpaternity or a consent to termination of his parental rights
which is accepted by the court after notice and opportunity to
be heard by all parties to address the best interests of the
child in accepting such affidavit.
       7.âThe guardian ad litem for the child or the
representative of the guardian ad litem program, if the program
has been appointed.

A party may consent to service or notice by e-mail by providing
a primary e-mail address to the clerk of the court. The document
containing the notice to respond or appear must contain, in type
at least as large as the type in the balance of the document,
the following or substantially similar language: âFAILURE TO
PERSONALLY APPEAR AT THIS ADVISORY HEARING CONSTITUTES CONSENT
TO THE TERMINATION OF PARENTAL RIGHTS OF THIS CHILD (OR
CHILDREN). IF YOU FAIL TO APPEAR ON THE DATE AND TIME SPECIFIED,
YOU MAY LOSE ALL LEGAL RIGHTS AS A PARENT TO THE CHILD OR
CHILDREN NAMED IN THE PETITION ATTACHED TO THIS NOTICE.â
       (d)âIf the person served with notice under this section
fails to personally appear at the advisory hearing, either
physically or, at the discretion of the court, through audio
video communication technology, the failure to personally appear
shall constitute consent for termination of parental rights by
the person given notice. If a parent appears for the advisory
hearing and the court orders that parent to personally appear at
the adjudicatory hearing for the petition for termination of
parental rights, stating the date, time, and location of the
said hearing and, if applicable, instructions for appearance
through audio-video communication technology, then failure of
that parent to personally appear, either physically or, at the
discretion of the court, through audio-video communication
technology, at the adjudicatory hearing shall constitute consent
for termination of parental rights.
       Section 8.âSection 92.54, Florida Statutes