reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title V - Judicial Branch › Chapter 39 - Proceedings Relating to Children › Part X - Termination of Parental Rights (Ss. 39.801-39.8155) › 39.808 - Advisory hearing; pretrial status conference.

39.808 Advisory hearing; pretrial status conference.—
(1) An advisory hearing on the petition to terminate parental rights must be held as soon as possible after all parties have been served with a copy of the petition and a notice of the date, time, and place of the advisory hearing for the petition.
(2) At the hearing the court shall inform the parties of their rights under s. 39.807, shall appoint counsel for the parties in accordance with legal requirements, and shall appoint a guardian ad litem to represent the interests of the child if one has not already been appointed.
(3) The court shall set a date for an adjudicatory hearing to be held within 45 days after the advisory hearing, unless all of the necessary parties agree to some other hearing date.
(4) An advisory hearing is not required if a petition is filed seeking an adjudication for termination of parental rights based on a voluntary surrender of parental rights. Adjudicatory hearings for petitions for voluntary termination must be held within 21 days after the filing of the petition. Notice of the use of this subsection must be filed with the court at the same time as the filing of the petition to terminate parental rights.
(5) Not less than 10 days before the adjudicatory hearing on a petition for involuntary termination of parental rights, the court shall conduct a pretrial status conference to determine the order in which each party may present witnesses or evidence, the order in which cross-examination and argument shall occur, and any other matters that may aid in the conduct of the adjudicatory hearing to prevent any undue delay in the conduct of the adjudicatory hearing.
History.—s. 9, ch. 87-289; s. 33, ch. 88-337; s. 18, ch. 90-306; s. 37, ch. 94-164; s. 90, ch. 98-403; s. 47, ch. 99-193.
Note.—Former s. 39.466.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 39 - Proceedings Relating to Children › Part X - Termination of Parental Rights (Ss. 39.801-39.8155) › 39.809 - Adjudicatory hearing.

39.809 Adjudicatory hearing.—
(1) In a hearing on a petition for termination of parental rights, the court shall consider the elements required for termination. Each of these elements must be established by clear and convincing evidence before the petition is granted.
(2) The adjudicatory hearing must be held within 45 days after the advisory hearing, but reasonable continuances for the purpose of investigation, discovery, or procuring counsel or witnesses may, when necessary, be granted.
(3) The adjudicatory hearing must be conducted by the judge without a jury, applying the rules of evidence in use in civil cases and adjourning the case from time to time as necessary. For purposes of the adjudicatory hearing, to avoid unnecessary duplication of expense, the judge may consider in-court testimony previously given at any properly noticed hearing, without regard to the availability or unavailability of the witness at the time of the actual adjudicatory hearing, if the recorded testimony itself is made available to the judge. Consideration of such testimony does not preclude the witness being subpoenaed to answer supplemental questions.
(4) All hearings involving termination of parental rights are confidential and closed to the public. Hearings involving more than one child may be held simultaneously when the children involved are related to each other or were involved in the same case. The child and the parents may be examined separately and apart from each other.
(5) The judge shall enter a written order with the findings of fact and conclusions of law.
History.—s. 9, ch. 87-289; s. 19, ch. 90-306; ss. 8, 10, ch. 92-158; s. 38, ch. 94-164; s. 91, ch. 98-403.
Note.—Former s. 39.467.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 39 - Proceedings Relating to Children › Part X - Termination of Parental Rights (Ss. 39.801-39.8155) › 39.813 - Continuing jurisdiction.

39.813 Continuing jurisdiction.—The court which terminates the parental rights of a child who is the subject of termination proceedings pursuant to this chapter shall retain exclusive jurisdiction in all matters pertaining to the child’s adoption pursuant to chapter 63.
History.—s. 95, ch. 98-403.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 39 - Proceedings Relating to Children › Part X - Termination of Parental Rights (Ss. 39.801-39.8155) › 39.815 - Appeal.

39.815 Appeal.—
(1) Any child, any parent or guardian ad litem of any child, any other party to the proceeding who is affected by an order of the court, or the department may appeal to the appropriate district court of appeal within the time and in the manner prescribed by the Florida Rules of Appellate Procedure. The district court of appeal shall give an appeal from an order terminating parental rights priority in docketing and shall render a decision on the appeal as expeditiously as possible. Appointed counsel shall be compensated as provided in s. 27.5304(6).
(2) An attorney for the department shall represent the state upon appeal. When a notice of appeal is filed in the circuit court, the clerk shall notify the attorney for the department, together with the attorney for the parent, the guardian ad litem, and any attorney for the child.
(3) The taking of an appeal does not operate as a supersedeas in any case unless the court so orders. However, a termination of parental rights order with placement of the child with a licensed child-placing agency or the department for subsequent adoption is suspended while the appeal is pending, but the child shall continue in an out-of-home placement under the order until the appeal is decided.
(4) The case on appeal must be docketed and any papers filed in the appellate court must be titled with the initials, but not the name, of the child and the court case number, and the papers must remain sealed in the office of the clerk of the appellate court when not in use by the appellate court and may not be open to public inspection. The decision of the appellate court must be likewise titled and may refer to the child only by initials and court case number.
(5) The original order of the appellate court, with all papers filed in the case on appeal, must remain in the office of the clerk of the appellate court, sealed and not open to inspection except by order of the appellate court. The clerk of the appellate court shall return to the circuit court all papers transmitted to the appellate court from the circuit court, together with a certified copy of the order of the appellate court.
History.—s. 9, ch. 87-289; s. 22, ch. 90-306; s. 1, ch. 90-309; s. 15, ch. 92-170; s. 42, ch. 94-164; s. 97, ch. 98-403; s. 50, ch. 99-193; s. 59, ch. 2003-402; s. 22, ch. 2007-62.
Note.—Former s. 39.473.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 39 - Proceedings Relating to Children › Part XI - Guardians Ad Litem and Guardian Advocates (Ss. 39.820-39.8298) › 39.820 - Definitions.

39.820 Definitions.—As used in this chapter, the term:
(1) “Guardian ad litem” as referred to in any civil or criminal proceeding includes the following: the Statewide Guardian Ad Litem Office, which includes circuit guardian ad litem programs; a duly certified volunteer, a staff member, a staff attorney, a contract attorney, or a pro bono attorney working on behalf of a guardian ad litem; a court-appointed attorney; or a responsible adult who is appointed by the court to represent the best interests of a child in a proceeding as provided for by law, including, but not limited to, this chapter, who is a party to any judicial proceeding as a representative of the child, and who serves until discharged by the court.
(2) “Guardian advocate” means a person appointed by the court to act on behalf of a drug dependent newborn under this part.
History.—s. 101, ch. 98-403; s. 5, ch. 2020-40.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 39 - Proceedings Relating to Children › Part XI - Guardians Ad Litem and Guardian Advocates (Ss. 39.820-39.8298) › 39.822 - Appointment of guardian ad litem for abused, abandoned, or neglected child.

39.822 Appointment of guardian ad litem for abused, abandoned, or neglected child.—
(1) A guardian ad litem shall be appointed by the court at the earliest possible time to represent the child in any child abuse, abandonment, or neglect judicial proceeding, whether civil or criminal. Any person participating in a civil or criminal judicial proceeding resulting from such appointment shall be presumed prima facie to be acting in good faith and in so doing shall be immune from any liability, civil or criminal, that otherwise might be incurred or imposed.
(2) In those cases in which the parents are financially able, the parent or parents of the child shall reimburse the court, in part or in whole, for the cost of provision of guardian ad litem services. Reimbursement to the individual providing guardian ad litem services shall not be contingent upon successful collection by the court from the parent or parents.
(3) Upon presentation by a guardian ad litem of a court order appointing the guardian ad litem:
(a) An agency, as defined in chapter 119, shall allow the guardian ad litem to inspect and copy records related to the best interests of the child who is the subject of the appointment, including, but not limited to, records made confidential or exempt from s. 119.07(1) or s. 24(a), Art. I of the State Constitution. The guardian ad litem shall maintain the confidential or exempt status of any records shared by an agency under this paragraph.
(b) A person or organization, other than an agency under paragraph (a), shall allow the guardian ad litem to inspect and copy any records related to the best interests of the child who is the subject of the appointment, including, but not limited to, confidential records.
For the purposes of this subsection, the term “records related to the best interests of the child” includes, but is not limited to, medical, mental health, substance abuse, child care, education, law enforcement, court, social services, and financial records.
(4) The guardian ad litem or the program representative shall review all disposition recommendations and changes in placements, and must be present at all critical stages of the dependency proceeding or submit a written report of recommendations to the court. Written reports must be filed with the court and served on all parties whose whereabouts are known at least 72 hours prior to the hearing.
History.—ss. 1, 2, 3, 4, 5, 6, ch. 63-24; s. 941, ch. 71-136; ss. 1, 1A, ch. 71-97; s. 32, ch. 73-334; s. 65, ch. 74-383; s. 1, ch. 75-101; s. 1, ch. 75-185; s. 4, ch. 76-237; s. 1, ch. 77-77; s. 3, ch. 77-429; ss. 1, 2, ch. 78-322; s. 3, ch. 78-326; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 181, ch. 79-164; s. 1, ch. 79-203; s. 10, ch. 84-226; s. 3, ch. 90-211; s. 103, ch. 98-403; s. 51, ch. 99-193; s. 26, ch. 2005-236.
Note.—Former ss. 828.041, 827.07(16); s. 415.508.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 39 - Proceedings Relating to Children › Part XI - Guardians Ad Litem and Guardian Advocates (Ss. 39.820-39.8298) › 39.823 - Guardian advocates for drug dependent newborns.

39.823 Guardian advocates for drug dependent newborns.—The Legislature finds that increasing numbers of drug dependent children are born in this state. Because of the parents’ continued dependence upon drugs, the parents may temporarily leave their child with a relative or other adult or may have agreed to voluntary family services under s. 39.301(14). The relative or other adult may be left with a child who is likely to require medical treatment but for whom they are unable to obtain medical treatment. The purpose of this section is to provide an expeditious method for such relatives or other responsible adults to obtain a court order which allows them to provide consent for medical treatment and otherwise advocate for the needs of the child and to provide court review of such authorization.
History.—s. 2, ch. 89-345; s. 104, ch. 98-403; s. 19, ch. 99-168; s. 5, ch. 2003-127; s. 14, ch. 2009-43; s. 18, ch. 2012-178.
Note.—Former s. 415.5082.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 39 - Proceedings Relating to Children › Part XI - Guardians Ad Litem and Guardian Advocates (Ss. 39.820-39.8298) › 39.824 - Jurisdiction.

39.824 Jurisdiction.—The circuit court shall have exclusive original jurisdiction of a proceeding in which appointment of a guardian advocate is sought. The court shall retain jurisdiction over a child for whom a guardian advocate is appointed until specifically relinquished by court order.
History.—s. 2, ch. 89-345; s. 105, ch. 98-403; s. 21, ch. 2012-116.
Note.—Former s. 415.5083.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 39 - Proceedings Relating to Children › Part XI - Guardians Ad Litem and Guardian Advocates (Ss. 39.820-39.8298) › 39.825 - Petition for appointment of a guardian advocate.

39.825 Petition for appointment of a guardian advocate.—A petition for appointment of a guardian advocate may be filed by the department, any relative of the child, any licensed health care professional, or any other interested person. The petition shall be in writing and shall be signed by the petitioner under oath stating his or her good faith in filing the petition. The form of the petition and its contents shall be determined by the Florida Rules of Juvenile Procedure.
History.—s. 2, ch. 89-345; s. 72, ch. 97-103; s. 106, ch. 98-403.
Note.—Former s. 415.5084.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 39 - Proceedings Relating to Children › Part XI - Guardians Ad Litem and Guardian Advocates (Ss. 39.820-39.8298) › 39.826 - Process and service.

39.826 Process and service.—
(1) Personal appearance of a person in a hearing before the court shall obviate the necessity of serving process upon that person.
(2) Upon the filing of a petition requesting the appointment of a guardian advocate, and upon request of the petitioner, the clerk or deputy clerk shall issue a summons.
(3) The summons shall require the person on whom it is served to appear for a hearing at a time and place specified. Except in cases of medical emergency, the time shall be not less than 24 hours after service of the summons. The summons shall be directed to and shall be served upon the parents. It shall not be necessary to the validity of a proceeding for the appointment of a guardian advocate that the parents be present if their identity or presence is unknown after a diligent search and inquiry have been made, if they have become residents of a state other than this state, or if they evade service or ignore a summons, but in this event the person who made the search and inquiry shall file a certificate of those facts.
(4) Upon the application of a party, the clerk or deputy clerk shall issue, and the court on its own motion may issue, subpoenas requiring attendance and testimony of witnesses and production of records, documents, or other tangible objects at any hearing.
History.—s. 2, ch. 89-345; s. 107, ch. 98-403.
Note.—Former s. 415.5085.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 39 - Proceedings Relating to Children › Part XI - Guardians Ad Litem and Guardian Advocates (Ss. 39.820-39.8298) › 39.827 - Hearing for appointment of a guardian advocate.

39.827 Hearing for appointment of a guardian advocate.—
(1) When a petition for appointment of a guardian advocate has been filed with the circuit court, the hearing shall be held within 14 days unless all parties agree to a continuance. If a child is in need of necessary medical treatment as defined in s. 39.01, s. 984.03, or s. 985.03, the court shall hold a hearing within 24 hours.
(2) At the hearing, the parents have the right to be present, to present testimony, to call and cross-examine witnesses, to be represented by counsel at their own expense, and to object to the appointment of the guardian advocate.
(3) The hearing shall be conducted by the judge without a jury, applying the rules of evidence in use in civil cases. In a hearing on a petition for appointment of a guardian advocate, the moving party shall prove all the elements in s. 39.828 by a preponderance of the evidence.
(4) The hearing under this section shall remain confidential and closed to the public. The clerk shall keep all court records required by this part separate from other records of the circuit court. All court records required by this part shall be confidential and exempt from the provisions of s. 119.07(1). All records shall be inspected only upon order of the court by persons deemed by the court to have a proper interest therein, except that a child and the parents or custodians of the child and their attorneys and the department and its designees shall always have the right to inspect and copy any official record pertaining to the child. The court may permit authorized representatives of recognized organizations compiling statistics for proper purposes to inspect and make abstracts from official records, under whatever conditions upon their use and disposition the court may deem proper, and may punish by contempt proceedings any violation of those conditions. All information obtained pursuant to this part in the discharge of official duty by any judge, employee of the court, or authorized agent of the department shall be confidential and exempt from the provisions of s. 119.07(1) and shall not be disclosed to anyone other than the authorized personnel of the court or the department and its designees, except upon order of the court.
History.—s. 2, ch. 89-345; s. 19, ch. 91-71; s. 274, ch. 96-406; s. 44, ch. 98-280; s. 108, ch. 98-403.
Note.—Former s. 415.5086.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 39 - Proceedings Relating to Children › Part XI - Guardians Ad Litem and Guardian Advocates (Ss. 39.820-39.8298) › 39.828 - Grounds for appointment of a guardian advocate.

39.828 Grounds for appointment of a guardian advocate.—
(1) The court shall appoint the person named in the petition as a guardian advocate with all the powers and duties specified in s. 39.829 for an initial term of 1 year upon a finding that:
(a) The child named in the petition is or was a drug dependent newborn as described in s. 39.01;
(b) The parent or parents of the child have voluntarily relinquished temporary custody of the child to a relative or other responsible adult;
(c) The person named in the petition to be appointed the guardian advocate is capable of carrying out the duties as provided in s. 39.829; and
(d) A petition to adjudicate the child dependent under this chapter has not been filed.
(2) The appointment of a guardian advocate does not remove from the parents the right to consent to medical treatment for their child. The appointment of a guardian advocate does not prevent the filing of a subsequent petition under this chapter to have the child adjudicated dependent.
History.—s. 2, ch. 89-345; s. 62, ch. 94-164; s. 109, ch. 98-403; s. 32, ch. 2006-86; s. 29, ch. 2008-245; s. 19, ch. 2012-178.
Note.—Former s. 415.5087.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 39 - Proceedings Relating to Children › Part XI - Guardians Ad Litem and Guardian Advocates (Ss. 39.820-39.8298) › 39.829 - Powers and duties of guardian advocate.

39.829 Powers and duties of guardian advocate.—It is the duty of the guardian advocate to oversee the care, health, and medical treatment of the child; to advise the court regarding any change in the status of the child; and to respond to any medical crisis of the child, including providing consent to any needed medical treatment. The guardian advocate shall report to the department if the natural parents abandon the child or if the natural parents reclaim custody of the child.
History.—s. 2, ch. 89-345; s. 110, ch. 98-403.
Note.—Former s. 415.5088.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 39 - Proceedings Relating to Children › Part XI - Guardians Ad Litem and Guardian Advocates (Ss. 39.820-39.8298) › 39.8295 - Review and removal of guardian advocate.

39.8295 Review and removal of guardian advocate.—
(1) At the end of the initial 1-year appointment, the court shall review the status of the child’s care, health, and medical condition for the purpose of determining whether to reauthorize the appointment of the guardian advocate. If the court finds that all of the elements of s. 39.828 are still met, the court shall reauthorize the guardian advocate for another year.
(2) At any time, the court may, upon its own motion, or upon the motion of the department, a family member, or other interested person remove a guardian advocate. A guardian advocate shall be removed if the court finds that the guardian advocate is not properly discharging his or her responsibilities or is acting in a manner inconsistent with his or her appointment, that the parents have assumed parental responsibility to provide for the child, or that the child has been adjudicated dependent pursuant to this chapter.
History.—s. 2, ch. 89-345; s. 111, ch. 98-403.
Note.—Former s. 415.5089.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 39 - Proceedings Relating to Children › Part XI - Guardians Ad Litem and Guardian Advocates (Ss. 39.820-39.8298) › 39.8297 - County funding for guardian ad litem employees.

39.8297 County funding for guardian ad litem employees.—
(1) A county and the executive director of the Statewide Guardian Ad Litem Office may enter into an agreement by which the county agrees to provide funds to the local guardian ad litem office in order to employ persons who will assist in the operation of the guardian ad litem program in the county.
(2) The agreement, at a minimum, must provide that:
(a) Funding for the persons who are employed will be provided on at least a fiscal-year basis.
(b) The persons who are employed will be hired, supervised, managed, and terminated by the executive director of the Statewide Guardian Ad Litem Office. The statewide office is responsible for compliance with all requirements of federal and state employment laws, and shall fully indemnify the county from any liability under such laws, as authorized by s. 768.28(19), to the extent such liability is the result of the acts or omissions of the Statewide Guardian Ad Litem Office or its agents or employees.
(c) The county is the employer for purposes of s. 440.10 and chapter 443.
(d) Employees funded by the county under this section and other county employees may be aggregated for purposes of a flexible benefits plan pursuant to s. 125 of the Internal Revenue Code of 1986.
(e) Persons employed under this section may be terminated after a substantial breach of the agreement or because funding to the program has expired.
(3) Persons employed under this section may not be counted in a formula or similar process used by the Statewide Guardian Ad Litem Office to measure personnel needs of a judicial circuit’s guardian ad litem program.
(4) Agreements created pursuant to this section do not obligate the state to allocate funds to a county to employ persons in the guardian ad litem program.
History.—s. 6, ch. 2012-123.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 39 - Proceedings Relating to Children › Part XII - Domestic Violence (Ss. 39.901-39.908) › 39.901 - Domestic violence centers; legislative findings; requirements.

39.901 Domestic violence centers; legislative findings; requirements.—
(1) The Legislature recognizes that the perpetration of violence by persons against their intimate partners, spouses, ex-spouses, or those with whom they share a child in common poses a significant public health threat that has adverse physical, emotional, and financial impacts on families and communities in this state. The Legislature further finds that it is critical that victims of domestic violence and their dependents have access to safe emergency shelter, advocacy, and crisis intervention services to assist them with the resources necessary to be safe and live free of violence.
(2) To ensure statewide consistency in the provision of confidential, comprehensive, and effective services to victims of domestic violence and their families, the Department of Children and Families shall certify and monitor domestic violence centers. The department and certified domestic violence centers shall serve as partners and together provide a coordinated response to address victim safety, hold batterers accountable, and prevent future violence in this state.
History.—s. 1, ch. 78-281; s. 1, ch. 84-343; s. 113, ch. 98-403; s. 1, ch. 2021-152.
Note.—Former s. 409.601; s. 415.601.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 39 - Proceedings Relating to Children › Part XII - Domestic Violence (Ss. 39.901-39.908) › 39.902 - Definitions.

39.902 Definitions.—As used in this part, the term:
(1) “Domestic violence” has the meaning set forth in s. 741.28.
(2) “Domestic violence center” means an agency that provides services to victims of domestic violence as its primary mission.
(3) “Family or household member” has the meaning set forth in s. 741.28.
History.—s. 2, ch. 78-281; s. 2, ch. 79-402; s. 1, ch. 82-135; s. 71, ch. 83-218; s. 1, ch. 84-128; s. 2, ch. 84-343; s. 17, ch. 92-58; s. 19, ch. 93-200; s. 30, ch. 94-134; s. 30, ch. 94-135; s. 137, ch. 97-101; s. 114, ch. 98-403; s. 3, ch. 2002-55; s. 1, ch. 2012-147; s. 1, ch. 2020-6.
Note.—Former s. 409.602; s. 415.602.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 39 - Proceedings Relating to Children › Part XII - Domestic Violence (Ss. 39.901-39.908) › 39.903 - Duties and functions of the department with respect to domestic violence.

39.903 Duties and functions of the department with respect to domestic violence.—The department shall:
(1) Operate the domestic violence program and coordinate and administer statewide activities related to the prevention of domestic violence.
(2) Receive and approve or reject applications for initial certification of domestic violence centers, and annually renew the certification thereafter.
(3) Have the right to enter and inspect the premises of domestic violence centers that are applying for an initial certification or facing potential suspension or revocation of certification to effectively evaluate the state of compliance with minimum standards.
(4) Promote the involvement of certified domestic violence centers in the coordination, development, and planning of domestic violence programming in the circuits.
(5) Coordinate with state agencies that have health, education, or criminal justice responsibilities to raise awareness of domestic violence and promote consistent policy implementation.
(6) Cooperate with, assist in, and participate in, programs of other properly qualified state agencies, including any agency of the Federal Government, schools of medicine, hospitals, and clinics, in planning and conducting research on the prevention of domestic violence and the provision of services to clients.
(7) Contract with an entity or entities for the delivery and management of services for the state’s domestic violence program if the department determines that doing so is in the best interest of the state.
(8) Consider applications from certified domestic violence centers for capital improvement grants and award those grants in accordance with s. 39.9055.
(9) Adopt by rule procedures to administer this section, including developing criteria for the approval, suspension, or rejection of certification of domestic violence centers and developing minimum standards for domestic violence centers to ensure the health and safety of the clients in the centers.
History.—s. 3, ch. 78-281; s. 3, ch. 79-402; ss. 2, 3, ch. 84-128; ss. 3, 5, ch. 84-343; s. 31, ch. 94-134; s. 31, ch. 94-135; s. 2, ch. 95-187; s. 55, ch. 96-418; s. 115, ch. 98-403; s. 4, ch. 2002-55; s. 1, ch. 2003-11; s. 2, ch. 2012-147; s. 2, ch. 2020-6.
Note.—Former s. 409.603; s. 415.603.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 39 - Proceedings Relating to Children › Part XII - Domestic Violence (Ss. 39.901-39.908) › 39.904 - Report to the Legislature on the status of domestic violence cases.

39.904 Report to the Legislature on the status of domestic violence cases.—On or before January 1 of each year, the department shall furnish to the President of the Senate and the Speaker of the House of Representatives a report on the status of domestic violence in this state, which must include, but need not be limited to, the following:
(1) The incidence of domestic violence in this state.
(2) An identification of the areas of the state where domestic violence is of significant proportions, indicating the number of cases of domestic violence officially reported, as well as an assessment of the degree of unreported cases of domestic violence.
(3) An identification and description of the types of programs in the state which assist victims of domestic violence or persons who commit domestic violence, including information on funding for the programs.
(4) The number of persons who receive services from local certified domestic violence programs that receive funding through the department.
(5) The incidence of domestic violence homicides in the state, including information and data collected from state and local domestic violence fatality review teams.
History.—s. 4, ch. 84-343; s. 138, ch. 97-101; s. 116, ch. 98-403; s. 4, ch. 2012-147; s. 4, ch. 2020-6.
Note.—Former s. 415.604.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 39 - Proceedings Relating to Children › Part XII - Domestic Violence (Ss. 39.901-39.908) › 39.9055 - Certified domestic violence centers; capital improvement grant program.

39.9055 Certified domestic violence centers; capital improvement grant program.—There is established a certified domestic violence center capital improvement grant program.
(1) A certified domestic violence center as defined in s. 39.905 may apply to the department for a capital improvement grant. The grant application must provide information that includes:
(a) A statement specifying the capital improvement that the certified domestic violence center proposes to make with the grant funds.
(b) The proposed strategy for making the capital improvement.
(c) The organizational structure that will carry out the capital improvement.
(d) Evidence that the certified domestic violence center has difficulty in obtaining funding or that funds available for the proposed improvement are inadequate.
(e) Evidence that the funds will assist in meeting the needs of victims of domestic violence and their children in the certified domestic violence center service area.
(f) Evidence of a satisfactory recordkeeping system to account for fund expenditures.
(g) Evidence of ability to generate local match.
(2) Certified domestic violence centers as defined in s. 39.905 may receive funding subject to legislative appropriation, upon application to the department, for projects to construct, acquire, repair, improve, or upgrade systems, facilities, or equipment, subject to availability of funds. An award of funds under this section must be made in accordance with a needs assessment developed by the department. The department annually shall perform this needs assessment and shall rank in order of need those centers that are requesting funds for capital improvement.
(3) The department shall establish criteria for awarding the capital improvement funds that must be used exclusively for support and assistance with the capital improvement needs of the certified domestic violence centers, as defined in s. 39.905.
(4) The department shall ensure that the funds awarded under this section are used solely for the purposes specified in this section. The department will also ensure that the grant process maintains the confidentiality of the location of the certified domestic violence centers, as required under s. 39.908. The total amount of grant moneys awarded under this section may not exceed the amount appropriated for this program.
History.—s. 2, ch. 2000-220; s. 22, ch. 2014-19; s. 6, ch. 2020-6.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 39 - Proceedings Relating to Children › Part XII - Domestic Violence (Ss. 39.901-39.908) › 39.9057 - Unlawful disclosure of certified domestic violence center location; penalties.

39.9057 Unlawful disclosure of certified domestic violence center location; penalties.—Any person who maliciously publishes, disseminates, or discloses any descriptive information or image that may identify the location of a domestic violence center certified under s. 39.905 or who otherwise maliciously discloses the location of a center commits a:
(1) Misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(2) Felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, upon a second or subsequent conviction.
History.—s. 1, ch. 2021-92.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 39 - Proceedings Relating to Children › Part XII - Domestic Violence (Ss. 39.901-39.908) › 39.906 - Referral to centers and notice of rights.

39.906 Referral to centers and notice of rights.—Any law enforcement officer who investigates an alleged incident of domestic violence shall advise the victim of such violence that there is a domestic violence center from which the victim may receive services. The law enforcement officer shall give the victim immediate notice of the legal rights and remedies available in accordance with the provisions of s. 741.29.
History.—s. 7, ch. 78-281; s. 6, ch. 79-402; s. 6, ch. 84-343; s. 28, ch. 94-134; s. 28, ch. 94-135; s. 118, ch. 98-403.
Note.—Former s. 409.607; s. 415.606.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 39 - Proceedings Relating to Children › Part XII - Domestic Violence (Ss. 39.901-39.908) › 39.908 - Confidentiality of information received by department or domestic violence center.

39.908 Confidentiality of information received by department or domestic violence center.—
(1) Information about clients received by the department or by authorized persons employed by or volunteering services to a domestic violence center, through files, reports, inspection, or otherwise, is confidential and exempt from the provisions of s. 119.07(1). Information about the location of domestic violence centers and facilities is confidential and exempt from the provisions of s. 119.07(1).
(2) Information about domestic violence center clients may not be disclosed without the written consent of the client to whom the information or records pertain. For the purpose of state law regarding searches and seizures, domestic violence centers shall be treated as private dwelling places. Information about a client or the location of a domestic violence center may be given by center staff or volunteers to law enforcement, firefighting, medical, or other personnel in the following circumstances:
(a) To medical personnel in a medical emergency.
(b) Upon a court order based upon an application by a law enforcement officer for a criminal arrest warrant which alleges that the individual sought to be arrested is located at the domestic violence shelter.
(c) Upon a search warrant that specifies the individual or object of the search and alleges that the individual or object is located at the shelter.
(d) To firefighting personnel in a fire emergency.
(e) To any other person necessary to maintain the safety and health standards in the domestic violence shelter.
(f) Information solely about the location of the domestic violence shelter may be given to those with whom the agency has an established business relationship.
(3) The restriction on the disclosure or use of the information about domestic violence center clients does not apply to:
(a) Communications from domestic violence shelter staff or volunteers to law enforcement officers when the information is directly related to a client’s commission of a crime or threat to commit a crime on the premises of a domestic violence shelter; or
(b) Reporting suspected abuse of a child or a vulnerable adult as required by law. However, when cooperating with protective investigation services staff, the domestic violence shelter staff and volunteers must protect the confidentiality of other clients at the domestic violence center.
History.—s. 6, ch. 78-281; s. 5, ch. 79-402; s. 7, ch. 84-343; s. 22, ch. 91-71; s. 33, ch. 94-134; s. 33, ch. 94-135; s. 277, ch. 96-406; s. 119, ch. 98-403.
Note.—Former s. 409.606; s. 415.608.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 40 - Juries; Payment of Jurors and Due Process Costs › 40.001 - Chief Judge; Authority; Duties.

40.001 Chief judge; authority; duties.—The chief judge of each judicial circuit is vested with overall authority and responsibility for the management, operation, and oversight of the jury system within his or her circuit. However, in accordance with this chapter and chapter 905, the clerk of the circuit court has specific responsibilities regarding the processing of jurors, including, but not limited to, qualifications, summons, selection lists, reporting, and compensation of jurors. The clerk of the circuit court may contract with the chief judge for the court’s assistance in the provision of services to process jurors. The chief judge may also designate to the clerk of the circuit court additional duties consistent with established uniform standards of jury management practices that the Supreme Court may adopt by rule or issue through administrative order.
History.—s. 60, ch. 2003-402.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 40 - Juries; Payment of Jurors and Due Process Costs › 40.01 - Qualifications of Jurors.

40.01 Qualifications of jurors.—Jurors shall be taken from the male and female persons at least 18 years of age who are citizens of the United States and legal residents of this state and their respective counties and who possess a driver license or identification card issued by the Department of Highway Safety and Motor Vehicles pursuant to chapter 322 or who have executed the affidavit prescribed in s. 40.011.
History.—s. 2, ch. 4015, 1891; ss. 1, 2, ch. 4122, 1893; GS 1570, 1571; s. 1, ch. 6531, 1913; RGS 2771, 2772; ss. 1, 2, ch. 12068, 1927; CGL 4443, 4444; s. 1, ch. 25126, 1949; ss. 1, chs. 26514, 26581, 26848, 1951; ss. 1, 2, ch. 67-154; s. 1, ch. 75-78; s. 1, ch. 79-235; s. 1, ch. 91-235; s. 1, ch. 91-424.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 40 - Juries; Payment of Jurors and Due Process Costs › 40.011 - Jury Lists.

40.011 Jury lists.—
(1) A clerk of the court shall generate a set of juror candidate lists derived from the source lists described in s. 40.01. The source name lists and the juror candidate lists shall be maintained as specified in this chapter and in accordance with the juror selection plan approved in s. 40.225.
(2) Pursuant to s. 40.01, the Department of Highway Safety and Motor Vehicles shall deliver quarterly to the clerk of the circuit court in each county a list of names of persons who reside in that county, who are citizens of the United States, who are legal residents of Florida, who are 18 years of age or older, and for whom the department has a driver license or identification card record.
(3) The clerk of the circuit court shall add to the list of licensed drivers and identification cardholders the name of any person who is 18 years of age or older and who is a citizen of the United States and a legal resident of this state and who indicates a desire to serve as a juror, but whose name does not appear on the department list, by requiring such person to execute an affidavit at the office of the clerk.
(4) The affidavit executed pursuant to subsection (3) must be in substantially the following form:
State of Florida
I,    , do solemnly swear (or affirm) that I am   years of age; that I am a citizen of the United States and a legal resident of Florida and   County; that I personally make application for jury duty; that I am eligible to serve as a juror under the Constitution and laws of Florida; and that I reside at   (Address)  .
(Signature)
Sworn to and subscribed before me this   day of  ,   (year)  , at   County, Florida.
(Signature and title of officer
administering oath)
(5) Using the source name lists described in subsections (2) and (3), a clerk of court may generate juror candidate lists as necessary to ensure a valid and consistent juror selection process.
(a) The initial juror candidate list is derived from the name sources and shall be the master list from which prospective jurors are drawn for summons.
(b) The final juror candidate list shall contain a list of those persons, drawn from the initial candidate list as prescribed in this chapter, who are to be summoned as a pool for possible juror service.
History.—s. 2, ch. 91-235; s. 1, ch. 99-6; s. 1, ch. 2002-76; s. 7, ch. 2012-100; s. 7, ch. 2013-15.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 40 - Juries; Payment of Jurors and Due Process Costs › 40.015 - Jury Districts; Counties Exceeding 50,000.

40.015 Jury districts; counties exceeding 50,000.—
(1) In any county having a population exceeding 50,000 according to the last preceding decennial census and one or more locations in addition to the county seat at which the county or circuit court sits and holds trials, the chief judge, with the approval of a majority of the county commissioners, is authorized to create a jury district for each courthouse location, from which jury lists shall be selected in the manner presently provided by law. The creation of a jury district under this section may be initiated by either the chief judge or a majority of the county commissioners.
(2) In determining the boundaries of a jury district to serve the court located within the district, the chief judge or the board of county commissioners shall seek to avoid any exclusion of any cognizable group. Each jury district shall include at least 6,000 registered voters.
History.—s. 1, ch. 76-114; s. 2, ch. 79-235; s. 1, ch. 98-98.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 40 - Juries; Payment of Jurors and Due Process Costs › 40.022 - Clerk to Purge Jury Selection Lists; Restoration.

40.022 Clerk to purge jury selection lists; restoration.—
(1) To ensure that the juror candidates summoned satisfy the requirements of ss. 40.01 and 40.013, each clerk of the circuit court shall, upon receipt of the list of persons in the department database from the Department of Highway Safety and Motor Vehicles and at least once each month thereafter, purge the final juror candidate lists of, at a minimum, the names of those persons:
(a) Adjudicated mentally incompetent;
(b) Convicted of a felony; or
(c) Deceased.
(2) The Department of Health shall furnish monthly to each clerk of the circuit court a list containing the name, address, age, race, and sex of each person 18 years of age or older and a resident of such clerk’s county who died during the preceding calendar month.
(3) A person who has had his or her mental competency or civil rights restored and who wants to serve as a juror must execute the affidavit under oath as provided in s. 40.011.
(4) The Department of Law Enforcement shall establish procedures to enable the clerk of the court in each county to submit monthly the names and other identifying information about the persons selected for the jury list. The Department of Law Enforcement will search its databases and return an automated file of matching records that would assist the clerk in evaluating whether a member of the jury pool should be disqualified under the provisions of s. 40.013(1).
History.—s. 3, ch. 91-235; s. 1, ch. 91-424; s. 247, ch. 95-147; s. 2, ch. 99-8; s. 2, ch. 2002-76; s. 9, ch. 2012-100.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 40 - Juries; Payment of Jurors and Due Process Costs › 40.221 - Drawing Jury Venire.

40.221 Drawing jury venire.—A clerk of the court, under supervision of a judge of any court of record, shall, in a manner deemed to produce a result by lot and at random, select from the final juror candidate list such number of persons as he or she deems necessary or expedient for a jury venire, to be returnable at such time as the judge shall specify, from which such venire or venires any jury may be organized, including a grand jury when drawn by or upon order of a judge of the circuit court. The clerk of the court shall keep the list in a secure place.
History.—s. 5, ch. 79-235; s. 248, ch. 95-147; s. 10, ch. 2012-100.
2023 Florida Statutes › Title V - Judicial Branch › Chapter 40 - Juries; Payment of Jurors and Due Process Costs › 40.225 - Jury Selection Plan.

40.225 Jury selection plan.—
(1) Pursuant to s. 40.001, the chief judge of each circuit shall review and consent to the process for selecting juror candidates within his or her circuit. The clerk of court shall implement an automated electronic system in which the names of prospective jurors and other data pertinent thereto shall be maintained for the purpose of the drawing of juror candidates. This system shall be used as the exclusive method authorized by law for obtaining jury venires, if such drawing is by lot and at random and is approved by the Supreme Court as hereinafter provided. Subject to ss. 40.001 and 40.02, the clerk of the circuit court in each county shall have the administrative responsibility for developing the automated system of jury venire selection, obtaining approval for the juror candidate selection process, and operating and updating the system in accordance with this chapter and technical standards and procedures adopted by the Chief Justice.
(2) The clerk of the court, or the chief judge of the circuit if performing the duties of juror candidate selection as provided in s. 40.02, shall submit for approval a plan for the selection of juror candidates as required in this section to the Chief Justice. The plan must be reapproved whenever required by a change in the law, a change in the technical standards and procedures, or a change in the approved clerk-maintained hardware or software used in the automated system of jury venire selection. The proposed plan, if submitted by the clerk, must be approved by the chief judge of the judicial circuit in which the county is located, and must include a description of the equipment, methods, and mode of operation to be used, in a manner consistent with the technical standards and procedures established by the Chief Justice.
(3) The Chief Justice shall examine the proposed plan for compliance with applicable statutory requirements and with established technical standards and procedures. If the Chief Justice finds that the proposed plan is in compliance with applicable statutory requirements and established technical standards and procedures, will produce venires selected by lot and at random, and is otherwise feasible and practicable, an administrative order of approval of same shall be made and filed. Thereafter, the approved system for automated selection of jury venires shall be used in the county so authorized.
(4) This section does not require uniform equipment or methods throughout the state.
History.—s. 1, ch. 71-52; s. 6, ch. 79-235; s. 11, ch. 2012-100.
Note.—Former s. 40.371.