Senate Bill 1440 (2023) — Court proceedings
SB 1440
Florida Bills
Florida Senate - 2023 SB 1440 By Senator Book 35-01192A-23 20231440__ Page 1 of 13 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to court proceedings; amending s. 2 39.013, F.S.; authorizing individuals to appear at or 3 attend dependency proceedings through audio-video 4 communication technology; providing an exception to 5 such authorization; amending s. 39.0131, F.S.; 6 requiring parties in certain proceedings to provide 7 their primary e-mail address to the court; requiring 8 the court to advise parties on how such addresses will 9 be used; authorizing the court to excuse such 10 requirement for good cause shown; requiring the court 11 to excuse such requirement under certain 12 circumstances; amending s. 39.402, F.S.; requiring 13 that court notices for shelter hearings held through 14 audio-video communication technology include certain 15 information; amending s. 39.502, F.S.; authorizing 16 parties to consent to service or notice by e-mail for 17 shelter hearings and hearings regarding medical 18 emergencies; requiring that certain summons or notices 19 include instructions for appearing through audio-video 20 communication technology, if applicable; authorizing a 21 party to consent to service of a summons by e-mail; 22 requiring the court to provide certain instructions 23 for hearings conducted through audio-video 24 communication technology; requiring the attorney for 25 the Department of Children and Families to provide 26 instructions for appearance through audio-video 27 communication technology to certain relatives, if 28 applicable; making technical changes; amending s. 29
Florida Senate - 2023 SB 1440 35-01192A-23 20231440__ Page 2 of 13 CODING: Words stricken are deletions; words underlined are additions. 39.506, F.S.; conforming provisions to changes made by 30 the act; requiring each party to provide a permanent 31 e-mail address at an arraignment hearing; requiring 32 the court to advise parties on how such addresses will 33 be used; authorizing the court to excuse such 34 requirement for good cause shown; requiring the court 35 to excuse such requirement under certain 36 circumstances; amending s. 39.521, F.S.; requiring 37 that disposition orders issued by the court include 38 instructions for appearance at certain hearings 39 through audio-video communication technology, if 40 applicable; amending s. 39.801, F.S.; requiring that 41 notices for advisory hearings for petition for 42 termination of parental rights include instructions 43 for appearance through audio-video communication 44 technology, if applicable; authorizing a party to 45 consent to service or notice of such advisory hearing 46 by e-mail; conforming provisions to changes made by 47 the act; specifying that if a person fails to appear 48 at an advisory hearing either physically or through 49 audio-video communication technology, it constitutes 50 consent to termination of parental rights; requiring 51 the court to provide instructions for appearance by 52 audio-video communication technology, if applicable, 53 at an adjudicatory hearing for the petition of 54 termination of parental rights; specifying that 55 failure to appear, either physically or through audio-56 video communication technology, at an adjudicatory 57 hearing constitutes consent to termination of parental 58
Florida Senate - 2023 SB 1440 35-01192A-23 20231440__ Page 3 of 13 CODING: Words stricken are deletions; words underlined are additions. rights; amending s. 92.54, F.S.; authorizing that the 59 testimony of children be given through audio-video 60 communication technology under certain circumstances; 61 amending s. 985.319, F.S.; requiring that a summons 62 provide instruction on how to attend a hearing if the 63 hearing is to be held through audio-video 64 communication technology; providing an effective date. 65 66 Be It Enacted by the Legislature of the State of Florida: 67 68
Section 1. Subsection (13) is added to
section 39.013, 69 Florida Statutes, to read: 70 39.013 Procedures and jurisdiction; right to counsel.— 71
(13) Except as otherwise provided in this chapter, an 72 individual’s appearance or attendance at dependency proceedings 73 may be through his or her physical appearance or attendance or, 74 at the discretion of the court, through audio-video 75 communication technology, unless the court determines that 76 appearance through audio-video communication technology is 77 inconsistent with the United States Constitution, the State 78 Constitution, a statute, a rule of court, or a court order. 79
Section
Section 39.0131, Florida Statutes, is amended to 80 read: 81 39.0131 Permanent mailing and primary e-mail address 82 designation.—Upon the first appearance before the court, each 83 party shall provide to the court a permanent mailing address and 84 primary e-mail address. The court shall advise each party that 85 these addresses this address will be used by the court and the 86 petitioner for notice purposes unless and until the party 87
Florida Senate - 2023 SB 1440 35-01192A-23 20231440__ Page 4 of 13 CODING: Words stricken are deletions; words underlined are additions. notifies the court and the petitioner in writing of a new 88 mailing or e-mail address. The court may excuse a party from the 89 requirement to provide an e-mail address for good cause shown. 90 The court must excuse a party who is incarcerated and is not 91 represented by an attorney from the requirement to provide an e-92 mail address. 93
Section 3. Subsection (16) of
section 39.402, Florida 94 Statutes, is amended to read: 95 39.402 Placement in a shelter.— 96
(16) At the conclusion of a shelter hearing, the court 97 shall notify all parties in writing of the next scheduled 98 hearing to review the shelter placement. If the hearing will be 99 held through audio-video communication technology, the written 100 notice must include all relevant information needed to attend 101 the proceeding. The hearing must shall be held no later than 30 102 days after placement of the child in shelter status, in 103 conjunction with the arraignment hearing, and at such times as 104 are otherwise provided by law or determined by the court to be 105 necessary. 106
Section 4. Subsections (1), (4), (5), (18), and (19) of 107
section 39.502, Florida Statutes, are amended to read: 108 39.502 Notice, process, and service.— 109
(1) Unless parental rights have been terminated, all 110 parents must be notified of all proceedings or hearings 111 involving the child. Notice in cases involving shelter hearings 112 and hearings resulting from medical emergencies must be provided 113 in the manner that most likely to result in actual notice to the 114 parents. A party may consent to service or notice by e-mail by 115 providing a primary e-mail address to the clerk of the court. In 116
Florida Senate - 2023 SB 1440 35-01192A-23 20231440__ Page 5 of 13 CODING: Words stricken are deletions; words underlined are additions. all other dependency proceedings, notice must be provided in 117 accordance with subsections (4)-(9), except when a relative 118 requests notification pursuant to s. 39.301(14)(b), in which 119 case notice shall be provided pursuant to subsection (19). 120
(4) The summons must shall require the person on whom it is 121 served to appear for a hearing at a time and place specified, 122 not less than 72 hours after service of the summons. If 123 applicable, the summons must also include instructions for 124 appearing at the hearing through audio-video communication 125 technology. A copy of the petition shall be attached to the 126 summons. 127
(5) The summons must shall be directed to, and must shall 128 be served upon, all parties other than the petitioner. A party 129 may consent to service by e-mail by providing a primary e-mail 130 address to the clerk of the court. 131
(18) In all proceedings under this part, the court shall 132 provide to the parent or legal custodian of the child, at the 133 conclusion of any hearing, a written notice containing the date 134 of the next scheduled hearing. The court shall also include the 135 date of the next hearing in any order issued by the court. If 136 the hearing is to be conducted through audio-video communication 137 technology, the instructions for appearance must also be 138 included. 139
(19) In all proceedings and hearings under this chapter, 140 the attorney for the department shall notify, orally or in 141 writing, a relative requesting notification pursuant to s. 142 39.301(14)(
b) of the date, time, and location of such 143 proceedings and hearings and, if applicable, the instructions 144 for appearance through audio-video communication technology, and 145
Florida Senate - 2023 SB 1440 35-01192A-23 20231440__ Page 6 of 13 CODING: Words stricken are deletions; words underlined are additions. notify the relative that he or she has the right to attend all 146 subsequent proceedings and hearings, to submit reports to the 147 court, and to speak to the court regarding the child, if the 148 relative so desires. The court has the discretion to release the 149 attorney for the department from notifying a relative who 150 requested notification pursuant to s. 39.301(14)(
b) if the 151 relative’s involvement is determined to be impeding the 152 dependency process or detrimental to the child’s well-being. 153
Section 5. Subsections (3) and (4) of
section 39.506, 154 Florida Statutes, are amended to read: 155 39.506 Arraignment hearings.— 156
(3) Failure of a person served with notice to personally 157 appear at the arraignment hearing constitutes the person’s 158 consent to a dependency adjudication.
The document containing 159 the notice to respond or appear must contain, in type at least 160 as large as the balance of the document, the following or 161 substantially similar language: “FAILURE TO PERSONALLY APPEAR AT 162 THE ARRAIGNMENT HEARING CONSTITUTES CONSENT TO THE ADJUDICATION 163 OF THIS CHILD (OR CHILDREN) AS A DEPENDENT CHILD (OR CHILDREN) 164 AND MAY ULTIMATELY RESULT IN LOSS OF CUSTODY OF THIS CHILD (OR 165 CHILDREN).” If a person appears for the arraignment hearing and 166 the court orders that person to personally appear, either 167 physically or through audio-video communication technology, at 168 the adjudicatory hearing for dependency, stating the date, time, 169 and place, and, if applicable, the instructions for appearance 170 through audio-video communication technology, of the 171 adjudicatory hearing, then that person’s failure to appear for 172 the scheduled adjudicatory hearing constitutes consent to a 173 dependency adjudication. 174
Florida Senate - 2023 SB 1440 35-01192A-23 20231440__ Page 7 of 13 CODING: Words stricken are deletions; words underlined are additions.
(4) At the arraignment hearing, each party shall provide to 175 the court a permanent mailing address and a primary e-mail 176 address. The court shall advise each party that these addresses 177 this address will be used by the court and the petitioner for 178 notice purposes unless and until the party notifies the court 179 and the petitioner in writing of a new mailing or e-mail 180 address. The court may, for good cause shown, excuse a party 181 from the requirement to provide an e-mail address. The court 182 must excuse a party who is incarcerated and is not represented 183 by an attorney from the requirement to provide an e-mail 184 address. 185
Section 6. Paragraph (
e) of subsection (1) of
section 186 39.521, Florida Statutes, is amended to read: 187 39.521 Disposition hearings; powers of disposition.— 188
(1) A disposition hearing shall be conducted by the court, 189 if the court finds that the facts alleged in the petition for 190 dependency were proven in the adjudicatory hearing, or if the 191 parents or legal custodians have consented to the finding of 192 dependency or admitted the allegations in the petition, have 193 failed to appear for the arraignment hearing after proper 194 notice, or have not been located despite a diligent search 195 having been conducted. 196 (
e) The court shall, in its written order of disposition, 197 include all of the following: 198 1. The placement or custody of the child. 199 2. Special conditions of placement and visitation. 200 3. Evaluation, counseling, treatment activities, and other 201 actions to be taken by the parties, if ordered. 202 4. The persons or entities responsible for supervising or 203
Florida Senate - 2023 SB 1440 35-01192A-23 20231440__ Page 8 of 13 CODING: Words stricken are deletions; words underlined are additions. monitoring services to the child and parent. 204 5. Continuation or discharge of the guardian ad litem, as 205 appropriate. 206 6. The date, time, and location of the next scheduled 207 review hearing and, if applicable, instructions for appearance 208 through audio-video communication technology, which must occur 209 within the earlier of: 210 a. Ninety days after the disposition hearing; 211 b. Ninety days after the court accepts the case plan; 212 c.
Six months after the date of the last review hearing; or 213 d. Six months after the date of the child’s removal from 214 his or her home, if no review hearing has been held since the 215 child’s removal from the home. 216 7.
If the child is in an out-of-home placement, child 217 support to be paid by the parents, or the guardian of the 218 child’s estate if possessed of assets which under law may be 219 disbursed for the care, support, and maintenance of the child. 220 The court may exercise jurisdiction over all child support 221 matters, shall adjudicate the financial obligation, including 222 health insurance, of the child’s parents or guardian, and shall 223 enforce the financial obligation as provided in
chapter 61. The 224 state’s child support enforcement agency shall enforce child 225 support orders under this
section in the same manner as child 226 support orders under
chapter 61. Placement of the child is not 227 shall not be contingent upon issuance of a support order. 228 8.a. If the court does not commit the child to the 229 temporary legal custody of an adult relative, legal custodian, 230 or other adult approved by the court, the disposition order must 231 include the reasons for such a decision and shall include a 232
Florida Senate - 2023 SB 1440 35-01192A-23 20231440__ Page 9 of 13 CODING: Words stricken are deletions; words underlined are additions. determination as to whether diligent efforts were made by the 233 department to locate an adult relative, legal custodian, or 234 other adult willing to care for the child in order to present 235 that placement option to the court instead of placement with the 236 department. 237 b.
If no suitable relative is found and the child is placed 238 with the department or a legal custodian or other adult approved 239 by the court, both the department and the court must shall 240 consider transferring temporary legal custody to an adult 241 relative approved by the court at a later date, but neither the 242 department nor the court is obligated to so place the child if 243 it is in the child’s best interest to remain in the current 244 placement. 245 246 For the purposes of this section, “diligent efforts to locate an 247 adult relative” means a search similar to the diligent search 248 for a parent, but without the continuing obligation to search 249 after an initial adequate search is completed. 250 9.
Other requirements necessary to protect the health, 251 safety, and well-being of the child, to preserve the stability 252 of the child’s child care, early education program, or any other 253 educational placement, and to promote family preservation or 254 reunification whenever possible. 255
Section 7. Paragraphs (
a) and (
d) of subsection (3) of 256
section 39.801, Florida Statutes, are amended to read: 257 39.801 Procedures and jurisdiction; notice; service of 258 process.— 259
(3) Before the court may terminate parental rights, in 260 addition to the other requirements set forth in this part, the 261
Florida Senate - 2023 SB 1440 35-01192A-23 20231440__ Page 10 of 13 CODING: Words stricken are deletions; words underlined are additions. following requirements must be met: 262 (
a) Notice of the date, time, and place of the advisory 263 hearing for the petition to terminate parental rights; if 264 applicable, instructions for appearance through audio-video 265 communication technology; and a copy of the petition must be 266 personally served upon the following persons, specifically 267 notifying them that a petition has been filed: 268 1. The parents of the child. 269 2. The legal custodians of the child. 270 3.
If the parents who would be entitled to notice are dead 271 or unknown, a living relative of the child, unless upon diligent 272 search and inquiry no such relative can be found. 273 4. Any person who has physical custody of the child. 274 5. Any grandparent entitled to priority for adoption under 275 s. 63.0425. 276 6. Any prospective parent who has been identified under s. 277 39.503 or s. 39.803, unless a court order has been entered 278 pursuant to s. 39.503(4) or (9) or s. 39.803(4) or (9) which 279 indicates no further notice is required.
Except as otherwise 280 provided in this section, if there is not a legal father, notice 281 of the petition for termination of parental rights must be 282 provided to any known prospective father who is identified under 283 oath before the court or who is identified by a diligent search 284 of the Florida Putative Father Registry.
Service of the notice 285 of the petition for termination of parental rights is not 286 required if the prospective father executes an affidavit of 287 nonpaternity or a consent to termination of his parental rights 288 which is accepted by the court after notice and opportunity to 289 be heard by all parties to address the best interests of the 290
Florida Senate - 2023 SB 1440 35-01192A-23 20231440__ Page 11 of 13 CODING: Words stricken are deletions; words underlined are additions. child in accepting such affidavit. 291 7. The guardian ad litem for the child or the 292 representative of the guardian ad litem program, if the program 293 has been appointed. 294 295 A party may consent to service or notice by e-mail by providing 296 a primary e-mail address to the clerk of the court.
The document 297 containing the notice to respond or appear must contain, in type 298 at least as large as the type in the balance of the document, 299 the following or substantially similar language: “FAILURE TO 300 PERSONALLY APPEAR AT THIS ADVISORY HEARING CONSTITUTES CONSENT 301 TO THE TERMINATION OF PARENTAL RIGHTS OF THIS CHILD (OR 302 CHILDREN). IF YOU FAIL TO APPEAR ON THE DATE AND TIME SPECIFIED, 303 YOU MAY LOSE ALL LEGAL RIGHTS AS A PARENT TO THE CHILD OR 304 CHILDREN NAMED IN THE PETITION ATTACHED TO THIS NOTICE.” 305 (
d) If the person served with notice under this
section 306 fails to personally appear at the advisory hearing, either 307 physically or, at the discretion of the court, through audio-308 video communication technology, the failure to personally appear 309 constitutes shall constitute consent for termination of parental 310 rights by the person given notice.
If a parent appears for the 311 advisory hearing and the court orders that parent to personally 312 appear at the adjudicatory hearing for the petition for 313 termination of parental rights, stating the date, time, and 314 location of the said hearing and, if applicable, instructions 315 for appearance through audio-video communication technology, 316 then failure of that parent to personally appear, either 317 physically or, at the discretion of the court, through audio-318 video communication technology, at the adjudicatory hearing 319
Florida Senate - 2023 SB 1440 35-01192A-23 20231440__ Page 12 of 13 CODING: Words stricken are deletions; words underlined are additions. constitutes shall constitute consent for termination of parental 320 rights. 321
Section
Section 92.54, Florida Statutes, is amended to 322 read: 323 92.54 Use of closed-circuit television and audio-video 324 communication technology in proceedings involving a victim or 325 witness under the age of 18 or who has an intellectual 326 disability.— 327
(1) Upon motion and hearing in camera and upon a finding 328 that there is a substantial likelihood that a victim or witness 329 under the age of 18 or who has an intellectual disability will 330 suffer at least moderate emotional or mental harm due to the 331 presence of the defendant if such victim or witness is required 332 to testify in open court, or is unavailable as defined in s. 333 90.804(1), the trial court may order that the testimony of the 334 victim or witness be taken outside of the courtroom and shown by 335 means of closed-circuit television or through audio-video 336 communication technology. 337
(2) The motion may be filed by the victim or witness; the 338 attorney, parent, legal guardian, or guardian ad litem of the 339 victim or witness; the prosecutor; the defendant or the 340 defendant’s counsel; or the trial judge on his or her own 341 motion. 342
(3) Only the judge, the prosecutor, the defendant, the 343 attorney for the defendant, the operators of the videotape 344 equipment, an interpreter, and some other person who, in the 345 opinion of the court, contributes to the well-being of the child 346 or the person who has an intellectual disability and who will 347 not be a witness in the case may be in the room during the 348
Florida Senate - 2023 SB 1440 35-01192A-23 20231440__ Page 13 of 13 CODING: Words stricken are deletions; words underlined are additions. recording of the testimony. 349
(4) During the victim’s or witness’s testimony by closed-350 circuit television or through audio-video communication 351 technology, the court may require the defendant to view the 352 testimony from the courtroom. In such a case, the court shall 353 permit the defendant to observe and hear the testimony of the 354 victim or witness, but must ensure that the victim or witness 355 cannot hear or see the defendant.
The defendant’s right to 356 assistance of counsel, which includes the right to immediate and 357 direct communication with counsel conducting cross-examination, 358 must be protected and, upon the defendant’s request, such 359 communication must be provided by any appropriate electronic 360 method. 361
(5) The court shall make specific findings of fact, on the 362 record, as to the basis for its ruling under this section. 363
Section 9. Subsection (3) of
section 985.319, Florida 364 Statutes, is amended to read: 365 985.319 Process and service.— 366
(3) The summons must shall have a copy of the petition 367 attached and must shall require the person on whom it is served 368 to appear for a hearing at a time and place specified. If the 369 hearing is to be held through audio-video communication 370 technology, the summons must provide instructions on how to 371 attend the hearing. Except in cases of medical emergency, the 372 time may not be less than 24 hours after service of the summons. 373 If the child is not detained by an order of the court, the 374 summons must shall require the custodian of the child to produce 375 the child at the said time and place. 376