reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 744 - Guardianship › Part VIII - Veterans’ Guardianship (Ss. 744.602-744.653) › 744.652 - Construction and application of part.

744.652 Construction and application of part.—This part shall be construed liberally to secure the beneficial intents and purposes of this part and applies only to beneficiaries of the United States Department of Veterans Affairs. It shall be so interpreted and construed as to effectuate its general purpose of making the welfare of such beneficiaries the primary concern of their guardians and of the court.
History.—ss. 17, 19, ch. 14579, 1929; CGL 1936 Supp. 2146(18); s. 1, ch. 73-304; s. 18, ch. 84-62; s. 55, ch. 93-268.
Note.—Former s. 293.18.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 744 - Guardianship › Part VIII - Veterans’ Guardianship (Ss. 744.602-744.653) › 744.653 - Annual guardianship report.

744.653 Annual guardianship report.—Guardians appointed under the Veterans’ Guardianship Law shall not be required to comply with the provisions of s. 744.367.
History.—s. 6, ch. 91-306.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 747 - Conservatorship › 747.01 - Who Are Absentees Under This Law.

747.01 Who are absentees under this law.—
(1) Any person serving in or with the Armed Forces of the United States, in or with the Red Cross, in or with the Merchant Marine or otherwise, during any period of time when a state of hostilities exists between the United States and any other power and for 1 year thereafter, who has been reported or listed as missing in action, interned in a neutral country, beleaguered, besieged or captured by the enemy, shall be an “absentee” within the meaning of this law; and,
(2) Any resident of this state, or any person owning property herein, who disappears under circumstances indicating that he or she may have died, either naturally, accidentally or at the hand of another, or may have disappeared as the result of mental derangement, amnesia or other mental cause, shall also be an “absentee” within the meaning of this law.
History.—s. 1, ch. 22888, 1945; s. 1, ch. 67-458; s. 1129, ch. 97-102.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 747 - Conservatorship › 747.011 - Absentee Incompetent for Certain Purposes.

747.011 Absentee incompetent for certain purposes.—An “absentee” as defined in s. 747.01 is considered incompetent for the purposes of s. 4, Art. X of the State Constitution.
History.—s. 1, ch. 71-103.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 747 - Conservatorship › 747.02 - Jurisdiction.

747.02 Jurisdiction.—The circuit court has jurisdiction to appoint a conservator of the estate of an absentee as defined in s. 747.01 upon a showing that:
(1)(a)1. The absentee has an interest in any form of property in this state; or
2. The absentee is a legal resident of this state; or
3. The spouse or next of kin of the absentee is a legal resident of this state; and
(b) The absentee has not provided an adequate power of attorney authorizing another to act in his or her behalf with regard to such property or interest or the term of any such power of attorney has expired; and
(2) A necessity exists for providing care for the property or estate of the absentee or care for or judgments concerning the absentee’s spouse and children or, if he or she has no spouse and children, the absentee’s mother or father.
History.—s. 2, ch. 22888, 1945; s. 2, ch. 71-103; s. 1130, ch. 97-102.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 747 - Conservatorship › 747.03 - Petition.

747.03 Petition.—
(1) The jurisdiction of the court shall be invoked by the filing of a petition by any person who would have an interest in the property or estate of the absentee were such absentee deceased or any person who is dependent on said absentee for his or her maintenance or support.
(2) The petition shall be sworn to by the petitioner and shall state:
(a) The names, addresses, and ages of the spouse, children, mother, father, brothers, and sisters, or, if none of these is living, the next of kin, of the absentee;
(b) The name, address, and age of any other person who would have an interest in the property or the estate of the absentee if he or she were deceased;
(c) The exact circumstances which cause the person missing to be an absentee under s. 747.01 including the date he or she was first known to be missing, interned, beleaguered, etc.;
(d) The necessity for establishing a conservatorship;
(e) Whether or not the person alleged to be an absentee has a will and the whereabouts of said will; and
(f) A statement of all property constituting an asset of the alleged absentee’s estate or in which he or she has any interest and the approximate value of same.
History.—s. 3, ch. 22888, 1945; s. 5, ch. 71-103; s. 1131, ch. 97-102.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 747 - Conservatorship › 747.031 - Notice; Hearing.

747.031 Notice; hearing.—
(1) Notice of the hearing on the petition to appoint a conservator shall be given to all persons named in the petition by registered mail or certified mail with return receipt requested.
(2) The judge shall hear evidence on the question of whether the person alleged to be missing, interned, beleaguered, etc., is an absentee as defined by s. 747.01 and on the question of who is entitled to appointment as conservator. Any person interested in such proceedings may intervene with leave of the court.
(3) The court may in its discretion appoint a guardian ad litem to represent the alleged absentee at the hearing.
History.—s. 6, ch. 71-103.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 747 - Conservatorship › 747.032 - Order of Appointment.

747.032 Order of appointment.—
(1) If, after hearing, the court is satisfied that the person alleged to be an absentee is an absentee as defined in s. 747.01 and that it is necessary that a conservatorship be established, she or he shall appoint a conservator of the estate and property of said absentee to take charge of the absentee’s estate and property under the supervision, and subject to the further orders, of the court.
(2) In the appointment of a conservator, the court shall give due consideration to the appointment of one of the next of kin of the absentee if such next of kin is a fit and proper person and is qualified to act.
History.—s. 7, ch. 71-103; s. 1132, ch. 97-102.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 747 - Conservatorship › 747.033 - Oath.

747.033 Oath.—Every conservator, before exercising his or her authority as conservator, shall take oath that he or she will faithfully perform his or her duties as conservator and will render true accounts whenever required according to law, which oath may be administered by any officer authorized to administer oaths under the laws of this state. Such oath shall be filed with the court.
History.—s. 8, ch. 71-103; s. 1133, ch. 97-102.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 747 - Conservatorship › 747.034 - Bond.

747.034 Bond.—The court may require the conservator to post a bond as required for a guardian under
1
ss. 744.38 and 744.39. All provisions of chapter 744 which are applicable to bonds are applicable to the bond of the conservator required under this chapter.
History.—s. 9, ch. 71-103.
1
Note.—Repealed by s. 3, ch. 74-106.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 747 - Conservatorship › 747.035 - Rights, Powers, and Duties of Conservator.

747.035 Rights, powers, and duties of conservator.—
(1) The conservator shall have all the rights, powers, and duties of a guardian of the property as established in chapter 744 and an absentee and an absentee’s dependents shall be entitled to all benefits accruing to a ward or a ward’s dependents under said chapter.
(2) The circuit court shall have the same responsibility as to a conservatorship as it has with respect to the guardianship of the property under said chapter.
History.—s. 10, ch. 71-103; s. 32, ch. 73-334; s. 70, ch. 95-211.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 747 - Conservatorship › 747.036 - Resignation or Removal of Conservator.

747.036 Resignation or removal of conservator.—The provision for resignation and removal of a guardian of the property in
1
chapter 746 shall apply in the circuit court to resignation and removal of a conservator.
History.—s. 11, ch. 71-103.
1
Note.—All sections in chapter 746 were repealed by s. 3, ch. 74-106.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 747 - Conservatorship › 747.04 - Termination of Conservatorship.

747.04 Termination of conservatorship.—
(1) At any time upon petition signed by the absentee, or on petition of an attorney in fact acting under an adequate power of attorney granted by the absentee, the court shall direct the termination of the conservatorship and the transfer of all property held thereunder to the absentee or to the designated attorney in fact.
(2) Likewise, if at any time subsequent to the appointment of a conservator it shall appear that the absentee has died and an executor or administrator has been appointed for her or his estate, the court shall direct the termination of the conservatorship and the transfer of all property of the deceased absentee held thereunder to such executor or administrator.
(3) When the need for a conservatorship terminates, the conservator shall promptly file her or his final returns and application for discharge with the court. If it appears to the court that the returns are correct and that the conservator has made full and complete transfer of the absentee’s assets as directed, the court may approve the returns and discharge the conservator. If objections to the returns are filed, the circuit judge shall conduct a hearing under the same conditions for a hearing on objections to annual returns.
(4) Such discharge shall operate as a release from the duties of the conservatorship and as a bar to any suit against said conservator or her or his surety, unless such suit is commenced within 1 year from the date of discharge.
History.—s. 4, ch. 22888, 1945; s. 12, ch. 71-103; s. 1134, ch. 97-102.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 747 - Conservatorship › 747.051 - Summary Procedure.

747.051 Summary procedure.—
(1) If the wife of any person defined as an absentee in s. 747.01(1), or his next of kin if said absentee has no wife, shall wish to sell or transfer any property of the absentee which has a gross value of less than $5,000, or shall require the consent of the absentee in any matter regarding the absentee’s children or in any other matter in which the gross value of the subject matter is less than $5,000, she may apply to the circuit court for an order authorizing said sale, transfer, or consent without opening a full conservatorship proceeding as provided by this chapter. She may make the application without the assistance of an attorney. Said application shall be made by petition on the following form, which form shall be made readily available to the applicant by the clerk of the circuit court:
In the Circuit Court
In re:   (Absentee)  , case number  .
PETITION FOR SUMMARY RELIEF
Petitioner,   (Name)  , whose residence is   (Street & number)  ,   (City or town)  , and   (County)  , Florida, and who is the   (Describe relationship to absentee)   of the absentee,   (Name)  , states that the absentee has been   (Imprisoned or missing in action)   since   (Date)   when   (Describe details)  . Petitioner desires to sell/transfer   (Describe property)   of the value of   (Value)   because   (Give reasons)  . The terms of sale/transfer are   (Give reasons)  . Petitioner requires the consent of the absentee for the purpose of  .
(Petitioner)
State of
County of
Sworn to (or affirmed) and subscribed before me by means of ☐ physical presence or ☐ online notarization this   day of   ,   (year)  , by   (name of person making statement)  .
(Signature of Notary Public)
(Print, Type, or Stamp Commissioned Name of Notary Public)
Personally Known    OR Produced Identification
Type of Identification Produced
(2) The court shall, without hearing or notice, enter an order on said petition if it deems the relief requested in said petition necessary to protect the best interests of the absentee or her or his dependents.
(3) Such order shall be prima facie evidence of the validity of the proceedings and the authority of the petitioner to make a conveyance or transfer of the property or to give the absentee’s consent in any matter prescribed by subsection (1).
History.—s. 3, ch. 71-103; s. 32, ch. 73-334; s. 1135, ch. 97-102; s. 19, ch. 98-246; s. 8, ch. 2021-205.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 747 - Conservatorship › 747.052 - Procedure for Order Authorizing Action by Spouse or Next of Kin.

747.052 Procedure for order authorizing action by spouse or next of kin.—
(1) If the spouse, or the next of kin if there is no spouse, of any person defined as an absentee under s. 747.01(1), shall wish to sell, lease, or mortgage specific property having a gross value of $5,000 or more owned by the absentee or in which the absentee had an interest, or take specific action with respect to the absentee’s interest having a gross value of $5,000 or more, he or she may petition the circuit court for an order authorizing the action with respect to such property or interest.
(2) The petition shall be sworn to by the petitioner and shall state:
(a) The names, addresses, and ages of the spouse, children, mother, father, brothers, and sisters, or, if none of these is living, the next of kin, of the absentee;
(b) The name, address, and age of any other person who would have an interest in the property or the estate of the absentee if she or he were deceased;
(c) The exact circumstances which cause the person missing to be an absentee under s. 747.01, including the date she or he was first known to be missing, interned, beleaguered, etc.;
(d) The reasons for the action for which the petition seeks authorization;
(e) Whether or not the person alleged to be an absentee has a will and the whereabouts of said will and contents if known; and
(f) A statement of all property constituting an asset of the alleged absentee’s estate or in which she or he has any interest and the approximate value of same.
(3) Notice of the hearing on the petition shall be given to all persons named in the petition by registered mail or certified mail with return receipt requested.
(4) The judge shall hear evidence on the question of whether the person alleged to be missing, interned, beleaguered, etc., is an absentee as defined by s. 747.01 and on the question of whether the action in question should be authorized. Any person interested in such proceedings may intervene with leave of the court.
(5) The court may in its discretion appoint a guardian ad litem to represent the alleged absentee at the hearing.
(6) If, after hearing, the court is satisfied that the person alleged to be an absentee is an absentee as defined in s. 747.01, that the action in question should be authorized, and that there is no necessity for a full conservatorship as provided by s. 747.03, the court shall enter an order appointing the petitioner as conservator for the purposes of the action which is the subject of the petition and authorizing the conservator to take the action requested in the petition. The court shall require the conservator to account for the proceeds of the sale, lease, or other action, but the conservator shall not be required to subject the other property of the absentee to a conservatorship proceeding. The court may retain jurisdiction of the proceeding to make such further orders as it deems proper.
History.—s. 4, ch. 71-103; s. 1136, ch. 97-102.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 751 - Temporary Custody of Minor Children by Extended Family › 751.01 - Purpose of Act.

751.01 Purpose of act.—The purposes of this chapter are to:
(1) Recognize that many minor children in this state live with and are well cared for by members of their extended families. The parents of these children have often provided for their care by placing them temporarily with another family member who is better able to care for them. Because of the care being provided the children by their extended families, they are not dependent children.
(2) Provide for the welfare of a minor child who is living with extended family members. At present, such family members are unable to give complete care to the child in their custody because they lack a legal document that explains and defines their relationship to the child, and they are unable effectively to consent to the care of the child by third parties.
(3) Provide temporary or concurrent custody of a minor child to a family member having physical custody of the minor child to enable the custodian to:
(a) Consent to all necessary and reasonable medical and dental care for the child, including nonemergency surgery and psychiatric care.
(b) Secure copies of the child’s records, held by third parties, that are necessary for the care of the child, including, but not limited to:
1. Medical, dental, and psychiatric records.
2. Birth certificates and other records.
3. Educational records.
(c) Enroll the child in school and grant or withhold consent for a child to be tested or placed in special school programs, including exceptional education.
(d) Do all other things necessary for the care of the child.
(4) Protect the welfare of minor children by allowing transitions of custody consistent with their best interest.
History.—s. 1, ch. 93-104; s. 1, ch. 2006-167; s. 2, ch. 2010-30; s. 1, ch. 2020-146.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 751 - Temporary Custody of Minor Children by Extended Family › 751.011 - Definitions.

751.011 Definitions.—As used in this chapter, the term:
(1) “Concurrent custody” means that an eligible extended family member is awarded custodial rights to care for a child concurrently with the child’s parent or parents.
(2) “Extended family member” means a person who is:
(a) A relative of a minor child within the third degree by blood or marriage to the parent;
(b) The stepparent of a minor child if the stepparent is currently married to the parent of the child and is not a party in a pending dissolution, separate maintenance, domestic violence, or other civil or criminal proceeding in any court of competent jurisdiction involving one or both of the child’s parents as an adverse party; or
(c) An individual who qualifies as “fictive kin” as defined in s. 39.01.
History.—s. 2, ch. 93-104; s. 4, ch. 96-305; s. 2, ch. 2006-167; s. 3, ch. 2010-30; s. 2, ch. 2020-146.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 751 - Temporary Custody of Minor Children by Extended Family › 751.02 - Temporary or Concurrent Custody Proceedings; Jurisdiction.

751.02 Temporary or concurrent custody proceedings; jurisdiction.—
(1) The following individuals may bring proceedings in the circuit court to determine the temporary or concurrent custody of a minor child:
(a) Any extended family member who has the signed, notarized consent of the child’s legal parents; or
(b) Any extended family member who is caring full time for the child in the role of a substitute parent and with whom the child is presently living.
(2) In addition to the requirements of subsection (1), an individual seeking concurrent custody must:
(a) Currently have physical custody of the child or have had physical custody of the child for at least 10 days in any 30-day period within the last 12 months; and
(b) Not have signed, written documentation from a parent which is sufficient to enable the custodian to do all of the things necessary to care for the child which are available to custodians who have an order issued under s. 751.05.
History.—s. 3, ch. 93-104; s. 3, ch. 2006-167; s. 4, ch. 2010-30; s. 3, ch. 2020-146.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 751 - Temporary Custody of Minor Children by Extended Family › 751.03 - Petition for Temporary or Concurrent Custody; Contents.

751.03 Petition for temporary or concurrent custody; contents.—Each petition for temporary or concurrent custody of a minor child must be verified by the petitioner, who must be an extended family member, and must contain statements, to the best of the petitioner’s knowledge and belief, providing:
(1) The name, date of birth, and current address of the child.
(2) The names and current addresses of the child’s parents.
(3) The names and current addresses of the persons with whom the child has lived during the past 5 years.
(4) The places where the child has lived during the past 5 years.
(5) Information concerning any custody proceeding in this or any other state with respect to the child.
(6) The residence and post office address of the petitioner.
(7) The petitioner’s relationship to the child.
(8) If concurrent custody is being requested:
(a) The time periods during the last 12 months that the child resided with the petitioner;
(b) The type of document, if any, provided by the parent or parents to enable the petitioner to act on behalf of the child;
(c) The services or actions that the petitioner is unable to obtain or undertake without an order of custody; and
(d) Whether each parent has consented in writing to the entry of an order of concurrent custody.
A copy of the written consent and any documents provided by the parent to assist the petitioner in obtaining services must be attached to the petition.
(9) If temporary custody is being requested, the consent of the child’s parents, or the specific acts or omissions of the parents which demonstrate that the parents have abused, abandoned, or neglected the child as defined in chapter 39.
(10) Any temporary or permanent orders for child support, the court entering the order, and the case number.
(11) Any temporary or permanent order for protection entered on behalf of or against either parent, the petitioner, or the child; the court entering the order; and the case number.
(12) That it is in the best interest of the child for the petitioner to have custody of the child.
(13) The period of time for which the petitioner is requesting temporary custody, including a statement of the reasons supporting that request.
(14) Any other provisions that are related to the best interest of the child, including, but not limited to, a reasonable plan for transitioning custody.
History.—s. 4, ch. 93-104; s. 4, ch. 2006-167; s. 5, ch. 2010-30; s. 4, ch. 2020-146.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 751 - Temporary Custody of Minor Children by Extended Family › 751.04 - Notice and Opportunity to Be Heard.

751.04 Notice and opportunity to be heard.—Before a decree is made under this chapter, reasonable notice and opportunity to be heard must be given to the parents of the minor child by service of process, either personal or constructive.
History.—s. 5, ch. 93-104; s. 6, ch. 2010-30.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 752 - Grandparental Visitation Rights › 752.001 - Definitions.

752.001 Definitions.—As used in this chapter, the term:
(1) “Grandparent” shall include great-grandparent.
(2) “Missing” means having whereabouts which are unknown for a period of at least 90 days and not being able to be located after a diligent search and inquiry. Such search and inquiry for a missing person must include, at a minimum, inquiries of all relatives of the person who can reasonably be identified by the petitioner, inquiries of hospitals in the areas where the person last resided, inquiries of the person’s recent employers, inquiries of state and federal agencies likely to have information about the person, inquiries of appropriate utility and postal providers, a thorough search of at least one electronic database specifically designed for locating persons, and inquiries of appropriate law enforcement agencies.
(3) “Persistent vegetative state” has the same meaning as provided in s. 765.101(15).
History.—s. 5, ch. 90-273; s. 1, ch. 2015-134; s. 84, ch. 2016-10.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 752 - Grandparental Visitation Rights › 752.015 - Mediation of Visitation Disputes.

752.015 Mediation of visitation disputes.—It is the public policy of this state that families resolve differences over grandparent visitation within the family. It is the further public policy of this state that, when families are unable to resolve differences relating to grandparent visitation, the family participate in any formal or informal mediation services that may be available. If families are unable to resolve differences relating to grandparent visitation and a petition is filed pursuant to s. 752.011, the court shall, if such services are available in the circuit, refer the case to family mediation in accordance with the Florida Family Law Rules of Procedure.
History.—s. 7, ch. 90-273; s. 6, ch. 2015-134.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 752 - Grandparental Visitation Rights › 752.02 - Persons Who Must Be Served Notice of Petition; Manner of Service.

752.02 Persons who must be served notice of petition; manner of service.—Notice of the filing of, and a copy of, the petition for grandparental visitation rights shall be served on the parents of the minor child in the manner prescribed by chapter 48.
History.—s. 1, ch. 84-64; s. 64, ch. 85-62.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 752 - Grandparental Visitation Rights › 752.071 - Effect of Adoption by Stepparent or Close Relative.

752.071 Effect of adoption by stepparent or close relative.—After the adoption of a minor child by a stepparent or close relative, the stepparent or close relative may petition the court to terminate an order granting grandparent visitation under this chapter which was entered before the adoption. The court may terminate the order unless the grandparent is able to show that the criteria of s. 752.011 authorizing the visitation continue to be satisfied.
History.—s. 5, ch. 2015-134.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 753 - Supervised Visitation › 753.01 - Definitions.

753.01 Definitions.—As used in this chapter, the term:
(1) “Clearinghouse on Supervised Visitation” or “clearinghouse” means the entity within the Institute for Family Violence Studies in the School of Social Work of the Florida State University, which serves as a statewide resource on supervised visitation issues by providing technical assistance, training, and research.
(2) “Department” means the Department of Children and Families.
(3) “Exchange monitoring” means supervision of movement of a child from one parent to the other parent at the start of the visit and back to the first parent at the end of the visit.
(4) “Supervised visitation program” means a program created to offer structured contact between a parent or caregiver and one or more children in the presence of a third person responsible for observing and ensuring the safety of those involved. Supervised visitation programs may also include exchange monitoring of children who are participating in court-ordered visitation programs or exchange monitoring where there has been mutual consent between parties for the purposes of facilitating a visitation.
History.—s. 6, ch. 2007-109; s. 37, ch. 2008-61; s. 292, ch. 2014-19.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 753 - Supervised Visitation › 753.02 - Clearinghouse Responsibilities and Authority.

753.02 Clearinghouse responsibilities and authority.—
(1) The clearinghouse shall have the following responsibilities, subject to the availability of resources:
(a) To develop standards for supervised visitation programs in order to ensure both the quality of each program and the safety of children and families using program services.
(b) To serve as a clearinghouse on resources and research of supervised visitation programs.
(c) To provide technical assistance and other support services to existing and emerging supervised visitation programs.
(d) To compile a directory of state-supervised visitation programs containing referral information.
(e) To formulate a newsletter for supervised visitation programs.
(f) To organize workshops and conferences that address issues and concerns of supervised visitation programs.
(g) To compile data on the use of supervised visitation programs.
(2) The clearinghouse may apply for grants and accept private contributions.
History.—s. 7, ch. 2007-109.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 753 - Supervised Visitation › 753.03 - Standards for Supervised Visitation and Supervised Exchange Programs.

753.03 Standards for supervised visitation and supervised exchange programs.—
(1) Within existing funds from the department, the clearinghouse shall develop standards for supervised visitation programs in order to ensure the safety and quality of each program. Standards must be uniform for all the programs and must address the purposes, policies, standards of practice, program content, security measures, qualifications of providers, training standards, credentials and background screening requirements of staff, information to be provided to the court, and data collection for supervised visitation programs.
(2) The clearinghouse shall use an advisory board to assist in developing the standards. The advisory board must include:
(a) Two members of the executive board of the state chapter of the Supervised Visitation Network, appointed by the president of the state chapter of the Supervised Visitation Network.
(b) A representative of the Office of the State Courts Administrator, appointed by the State Courts Administrator.
(c) A representative of the department, appointed by the secretary of the department.
(d) A representative of a local law enforcement agency, appointed by the executive director of the Florida Sheriffs Association.
(e) A circuit court judge who presides over domestic violence proceedings, appointed by the Chief Justice of the Supreme Court.
(f) A circuit court judge who presides over dependency proceedings, appointed by the Chief Justice of the Supreme Court.
(g) Two representatives of a supervised visitation program, appointed by the director of the clearinghouse.
(h) A representative of the Statewide Guardian Ad Litem Office, appointed by the executive director of the office.
(3) The clearinghouse, in consultation with the advisory board, shall develop criteria and procedures for approving and rejecting certification applications for and monitoring compliance with the certification of a supervised visitation program. The clearinghouse shall recommend the process for phasing in the implementation of the standards and certification procedures and the criteria for distributing funds to eligible programs and designating the state entity that should certify and monitor the supervised visitation programs.
History.—s. 8, ch. 2007-109; s. 50, ch. 2011-213; s. 82, ch. 2012-5; s. 13, ch. 2020-6.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 753 - Supervised Visitation › 753.04 - Interim Minimum Standards for Supervised Visitation Programs.

753.04 Interim minimum standards for supervised visitation programs.—
(1) Until the standards for supervised visitation and supervised exchange programs are developed pursuant to this chapter and a certification and monitoring process is fully implemented, each supervised visitation program must have an agreement with the court and comply with the Minimum Standards for Supervised Visitation Programs Agreement adopted by the Supreme Court on November 17, 1999. Under this order, a supervised visitation program shall enter into an agreement with the circuit court or circuit courts within the geographic jurisdiction of the program attesting to the willingness of the program to comply with the Supreme Court’s standards.
(2) Until the standards for supervised visitation and supervised exchange programs are completed and a certification and monitoring process is fully implemented, a supervised visitation program may not receive grant funds for access and visitation under 42 U.S.C. s. 669b unless the program provides documentation to the state agency administering the grant verifying that the program has entered into an agreement with the circuit court as required under subsection (1). This subsection does not obligate the state agency administering the grant to certify a program’s compliance with the Minimum Standards for Supervised Visitation Programs Agreement.
History.—s. 9, ch. 2007-109.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 753 - Supervised Visitation › 753.05 - Referrals Involving Child Sexual Abuse.

753.05 Referrals involving child sexual abuse.—
(1) Any supervised visitation program that wishes to accept referrals involving child sexual abuse must have an agreement with the court and a current affidavit of compliance on file with the chief judge of the circuit in which the program is located affirming that the program has agreed to comply with the minimum standards contained in an administrative order issued by the Chief Justice of the Supreme Court on November 17, 1999, and provided the program has a written agreement with the court and with the department that contains policies and guidelines specifically related to child sexual abuse.
(2) The agreement must include provisions for the following:
(a) Program staff who supervise visits or other contact must have specific training in child sexual abuse provided through the Clearinghouse on Supervised Visitation documented in personnel files.
(b) The program must have protocols for obtaining background material on the family prior to the initiation of services.
(c) The program must accept only those child sexual abuse referrals for which staff have the requisite background material, training, and security in place to safely monitor contact.
(d) The program must decline referrals of child sexual abuse cases when staff lack necessary training or education, when background material has not been received, or when lack of security may allow revictimization of the child.
(e) The program must suspend visits in cases when the child appears to be traumatized by the visits or when the individual visiting or having other contact engages in inappropriate behavior or violates program rules.
History.—s. 10, ch. 2007-109.
2023 Florida Statutes › Title XLIV - Civil Rights › Chapter 760 - Discrimination in the Treatment of Persons; Minority Representation › Part I - Florida Civil Rights Act (Ss. 760.01-760.11) › 760.01 - Purposes; construction; title.

760.01 Purposes; construction; title.—
(1) Sections 760.01-760.11 and 509.092 shall be cited as the “Florida Civil Rights Act of 1992.”
(2) The general purposes of the Florida Civil Rights Act of 1992 are to secure for all individuals within the state freedom from discrimination because of race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status and thereby to protect their interest in personal dignity, to make available to the state their full productive capacities, to secure the state against domestic strife and unrest, to preserve the public safety, health, and general welfare, and to promote the interests, rights, and privileges of individuals within the state.
(3) The Florida Civil Rights Act of 1992 shall be construed according to the fair import of its terms and shall be liberally construed to further the general purposes stated in this section and the special purposes of the particular provision involved.
History.—s. 1, ch. 69-287; s. 1, ch. 72-48; s. 1, ch. 77-341; s. 1, ch. 92-177; s. 4, ch. 92-282; s. 2, ch. 2015-68.
Note.—Former ss. 13.201, 23.161.
2023 Florida Statutes › Title XLIV - Civil Rights › Chapter 760 - Discrimination in the Treatment of Persons; Minority Representation › Part I - Florida Civil Rights Act (Ss. 760.01-760.11) › 760.021 - Enforcement.

760.021 Enforcement.—
(1) The Attorney General may commence a civil action for damages, injunctive relief, civil penalties not to exceed $10,000 per violation, and such other relief as may be appropriate under the laws of this state if the Attorney General has reasonable cause to believe that any person or group:
(a) Has engaged in a pattern or practice of discrimination as defined by the laws of this state; or
(b) Has been discriminated against as defined by the laws of this state and such discrimination raises an issue of great public interest.
(2) The Attorney General may file an action under this section in the circuit court of the county where the cause of action arises or in the circuit court of the Second Judicial Circuit, in and for Leon County.
(3) In any proceeding under this section, the respondent may request, before any responsive pleading is due, that a hearing be held no earlier than 5 days but no more than 30 days after the filing of the complaint, at which hearing the court shall determine whether the complaint on its face makes a prima facie showing that a pattern or practice of discrimination exists or that, as a result of discrimination, an issue of great public interest exists.
(4) The prevailing party in an action brought under this section is entitled to an award of reasonable attorney’s fees and costs.
(5) Any damages recovered under this section shall accrue to the injured party.
History.—s. 2, ch. 2003-396.
2023 Florida Statutes › Title XLIV - Civil Rights › Chapter 760 - Discrimination in the Treatment of Persons; Minority Representation › Part I - Florida Civil Rights Act (Ss. 760.01-760.11) › 760.03 - Commission on Human Relations; staff.

760.03 Commission on Human Relations; staff.—
(1) There is hereby created the Florida Commission on Human Relations, comprised of 12 members appointed by the Governor, subject to confirmation by the Senate. The commission shall select one of its members to serve as chairperson for terms of 2 years.
(2) The members of the commission must be broadly representative of various racial, religious, ethnic, social, economic, political, and professional groups within the state; and at least one member of the commission must be 60 years of age or older.
(3) Commissioners shall be appointed for terms of 4 years. A member chosen to fill a vacancy otherwise than by expiration of term shall be appointed for the unexpired term of the member whom such appointee is to succeed. A member of the commission shall be eligible for reappointment. A vacancy in the commission shall not impair the right of the remaining members to exercise the powers of the commission.
(4) The Governor may suspend a member of the commission only for cause, subject to removal or reinstatement by the Senate.
(5) Six members shall constitute a quorum for the conduct of business; however, the commission may establish panels of not less than three of its members to exercise its powers under the Florida Civil Rights Act of 1992, subject to such procedures and limitations as the commission may provide by rule. Notwithstanding this subsection, three appointed members serving on panels shall constitute a quorum for the conduct of official business of the panel.
(6) Each commissioner shall be compensated at the rate of $50 per day for each day of actual attendance to commission duties and shall be entitled to receive per diem and travel expenses as provided by s. 112.061.
(7) The commission shall appoint, and may remove, an executive director who, with the consent of the commission, may employ a deputy, attorneys, investigators, clerks, and such other personnel as may be necessary adequately to perform the functions of the commission, within budgetary limitations.
History.—s. 3, ch. 69-287; s. 1, ch. 70-438; s. 3, ch. 77-341; s. 1, ch. 80-148; s. 27, ch. 87-172; s. 3, ch. 92-177; s. 4, ch. 92-282; s. 1, ch. 2020-153.
Note.—Former ss. 13.221, 23.163.
2023 Florida Statutes › Title XLIV - Civil Rights › Chapter 760 - Discrimination in the Treatment of Persons; Minority Representation › Part I - Florida Civil Rights Act (Ss. 760.01-760.11) › 760.04 - Commission on Human Relations, assigned to Department of Management Services.

760.04 Commission on Human Relations, assigned to Department of Management Services.—The commission created by s. 760.03 is assigned to the Department of Management Services. The commission, in the performance of its duties pursuant to the Florida Civil Rights Act of 1992, shall not be subject to control, supervision, or direction by the Department of Management Services.
History.—s. 7, ch. 69-287; ss. 45, 56, ch. 79-190; s. 4, ch. 92-177; s. 134, ch. 92-279; ss. 1, 4, ch. 92-282; s. 55, ch. 92-326; s. 35, ch. 96-399.
Note.—Former ss. 13.231, 23.164.
2023 Florida Statutes › Title XLIV - Civil Rights › Chapter 760 - Discrimination in the Treatment of Persons; Minority Representation › Part I - Florida Civil Rights Act (Ss. 760.01-760.11) › 760.05 - Functions of the commission.

760.05 Functions of the commission.—The commission shall promote and encourage fair treatment and equal opportunity for all persons regardless of race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status and mutual understanding and respect among all members of all economic, social, racial, religious, and ethnic groups; and shall endeavor to eliminate discrimination against, and antagonism between, religious, racial, and ethnic groups and their members.
History.—s. 4, ch. 69-287; s. 4, ch. 77-341; s. 4, ch. 79-400; s. 3, ch. 2015-68.
Note.—Former ss. 13.241, 23.165.
2023 Florida Statutes › Title XLIV - Civil Rights › Chapter 760 - Discrimination in the Treatment of Persons; Minority Representation › Part I - Florida Civil Rights Act (Ss. 760.01-760.11) › 760.065 - Florida Civil Rights Hall of Fame.

760.065 Florida Civil Rights Hall of Fame.—
(1) It is the intent of the Legislature to recognize and honor those persons, living or dead, who have made significant contributions to this state as leaders in the struggle for equality and justice for all persons.
(2)(a) There is hereby established the Florida Civil Rights Hall of Fame. The Department of Management Services shall set aside an appropriate public area of the Capitol Building for the Florida Civil Rights Hall of Fame and shall consult with the commission regarding the design and theme of such area.
(b) Each person who is selected as a member shall have a designation placed in the Florida Civil Rights Hall of Fame, which designation shall provide information regarding the member’s particular discipline or contribution and any vital information relating to the member.
(3)(a) The commission shall annually accept nominations for persons to be recommended as members of the Florida Civil Rights Hall of Fame. The commission shall recommend up to 10 persons from which the Governor shall select up to 3 hall-of-fame members.
(b) In making recommendations pursuant to this subsection, the commission shall recommend persons who are 18 years of age or older, who were born in Florida or adopted Florida as their home state and base of operation, and who have made a significant contribution and provided exemplary leadership toward Florida’s progress and achievements in civil rights.
(4) The commission may set specific time periods for acceptance of nominations and the selection of members to coincide with the appropriate activities of the Florida Civil Rights Hall of Fame.
(5) The commission shall be responsible for costs relating to the Florida Civil Rights Hall of Fame, excluding normal costs of operations, repairs, and maintenance of the public area designated for the Florida Civil Rights Hall of Fame, which shall be the responsibility of the Department of Management Services.
History.—s. 1, ch. 2010-53; s. 2, ch. 2020-153.
2023 Florida Statutes › Title XLIV - Civil Rights › Chapter 760 - Discrimination in the Treatment of Persons; Minority Representation › Part I - Florida Civil Rights Act (Ss. 760.01-760.11) › 760.07 - Remedies for unlawful discrimination.

760.07 Remedies for unlawful discrimination.—Any violation of any Florida statute that makes unlawful discrimination because of race, color, religion, gender, pregnancy, national origin, age, handicap, or marital status in the areas of education, employment, or public accommodations gives rise to a cause of action for all relief and damages described in s. 760.11(5), unless greater damages are expressly provided for. If the statute prohibiting unlawful discrimination provides an administrative remedy, the action for equitable relief and damages provided for in this section may be initiated only after the plaintiff has exhausted his or her administrative remedy. The term “public accommodations” does not include lodge halls or other similar facilities of private organizations which are made available for public use occasionally or periodically. The right to trial by jury is preserved in any case in which the plaintiff is seeking actual or punitive damages.
History.—s. 6, ch. 92-177; s. 4, ch. 92-282; s. 1137, ch. 97-102; s. 4, ch. 2015-68; s. 3, ch. 2020-164.
2023 Florida Statutes › Title XLIV - Civil Rights › Chapter 760 - Discrimination in the Treatment of Persons; Minority Representation › Part I - Florida Civil Rights Act (Ss. 760.01-760.11) › 760.08 - Discrimination in places of public accommodation.

760.08 Discrimination in places of public accommodation.—All persons are entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation without discrimination or segregation on the ground of race, color, national origin, sex, pregnancy, handicap, familial status, or religion.
History.—s. 5, ch. 2003-396; s. 5, ch. 2015-68.
2023 Florida Statutes › Title XLIV - Civil Rights › Chapter 760 - Discrimination in the Treatment of Persons; Minority Representation › Part II - Fair Housing Act (Ss. 760.20-760.37) › 760.20 - Fair Housing Act; short title.

760.20 Fair Housing Act; short title.—Sections 760.20-760.37 may be cited as the “Fair Housing Act.”
History.—s. 1, ch. 83-221.
2023 Florida Statutes › Title XLIV - Civil Rights › Chapter 760 - Discrimination in the Treatment of Persons; Minority Representation › Part II - Fair Housing Act (Ss. 760.20-760.37) › 760.21 - State policy on fair housing.

760.21 State policy on fair housing.—It is the policy of this state to provide, within constitutional limitations, for fair housing throughout the state.
History.—s. 2, ch. 83-221.