Florida 2020 Regular Session Status: In Committee

SB 1548 — Child Welfare

Last action — Died in Appropriations

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Child Welfare; Requiring the Florida Court Educational Council to establish certain standards for instruction of specified circuit court judges; deleting a requirement for the Department of Children and Families to report certain information to the Legislature; providing court procedures and requirements relating to deceased parents of a dependent child; authorizing the department to take certain actions without a court order, etc.

Bill Text

What changed in the latest version

1148 added · 1559 removed

1148 line(s) added, 1559 removed.

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Florida Senate - 2020 SB 1548 By Senator Perry 8-01040A-20 20201548__ A bill to be entitled An act relating to child welfare;
Florida Senate - 2020 CS for SB 1548 By the Committee on Children, Families, and Elder Affairs;
and Senators Perry and Hutson 586-03120A-20 20201548c1 A bill to be entitled An act relating to child welfare;
39.01, F.S.;
revising the definition of the term “parent”;
amending s.
39.402, F.S.;
providing requirements for the court when establishing paternity at a shelter hearing;
amending s.
amending s.
39.503, F.S.;
revising procedures and requirements relating to the unknown identity or location of a parent of a dependent child;
providing that a person does not have standing under certain circumstances;
39.801, F.S.;
conforming provisions to changes made by the act;
amending s.
39.803, F.S.;
revising procedures and requirements relating to the unknown identity or location of a parent of a dependent child;
providing that a person does not have standing under certain circumstances;
amending s.
39.820, F.S.;
revising the definition of the term “guardian ad litem”;
amending s.
creating s.
742.0211, F.S.;
defining the term “dependent child”;
providing requirements and procedures for the determination of paternity when a child is dependent;
providing the burden of proof for certain paternity complaints;
providing applicability;
83 Be It Enacted by the Legislature of the State of Florida:
66 Be It Enacted by the Legislature of the State of Florida:
85 Section 1. Section 25.385, Florida Statutes, is amended to read:
68 Section 1. Section 25.385, Florida Statutes, is amended to read:
Section 2. Subsection (56) of section 39.01, Florida Statutes, is amended to read:
Section 2. Subsection (7) of section 39.205, Florida Statutes, is amended to read:
39.01 Definitions.—When used in this chapter, unless the context otherwise requires:
(56) “Parent” means a woman who gives birth to a child and a man whose consent to the adoption of the child would be required under s.
63.062(1).
The term “parent” also means legal father as defined in this section.
If a child has been legally adopted, the term “parent” means the adoptive mother or father of the child.
For purposes of this chapter only, when the phrase “parent or legal custodian” is used, it refers to rights or responsibilities of the parent and, only if there is no living parent with intact parental rights, to the rights or responsibilities of the legal custodian who has assumed the role of the parent.
The term does not include an individual whose parental relationship to the child has been legally terminated, or an alleged or prospective parent, unless:
(a) The parental status falls within the terms of s.
39.503(1) or s.
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63.062(1);
or (b) parental status is applied for the purpose of determining whether the child has been abandoned.
Section 3. Subsection (7) of section 39.205, Florida Statutes, is amended to read:
Section 4. Subsection (7) of section 39.302, Florida Statutes, is amended to read:
Section 3. Subsection (7) of section 39.302, Florida Statutes, is amended to read:
Section 5. Paragraph (c) of subsection (8) of section 39.402, Florida Statutes, is amended to read:
Section 4. Subsection (6) of section 39.407, Florida Statutes, is amended to read:
39.402 Placement in a shelter.— (8) (c) At the shelter hearing, the court shall:
1. Appoint a guardian ad litem to represent the best interest of the child, unless the court finds that such representation is unnecessary.;
2. Inform the parents or legal custodians of their right to counsel to represent them at the shelter hearing and at each subsequent hearing or proceeding, and the right of the parents to appointed counsel, pursuant to the procedures set forth in s.
39.013.;
3. Give the parents or legal custodians an opportunity to be heard and to present evidence.;
and 4. Inquire of those present at the shelter hearing as to the identity and location of the legal father.
In determining who the legal father of the child may be, the court shall inquire under oath of those present at the shelter hearing whether they have any of the following information:
a. Whether the mother of the child was married at the probable time of conception of the child or at the time of birth of the child.
b. Whether the mother was cohabiting with a male at the probable time of conception of the child.
c. Whether the mother has received payments or promises of support with respect to the child or because of her pregnancy from a man who claims to be the father.
d. Whether the mother has named any man as the father on the birth certificate of the child or in connection with applying for or receiving public assistance.
e. Whether any man has acknowledged or claimed paternity of the child in a jurisdiction in which the mother resided at the time of or since conception of the child or in which the child has resided or resides.
f. Whether a man is named on the birth certificate of the child under pursuant to s.
382.013(2).
g. Whether a man has been determined by a court order to be the father of the child.
h. Whether a man has been determined to be the father of the child by the Department of Revenue as provided in s.
409.256.
5. If the inquiry under subparagraph 4.
identifies a person as a legal father, as defined in s.
39.01, enter an order establishing the paternity of the child.
Once an order establishing paternity has been entered, the court may not take any action to disestablish paternity in the absence of an action filed under chapter 742.
An action filed under chapter 742 concerning a child who is the subject in a dependence proceeding must comply with s.
742.0211.
Section 6. Subsection (6) of section 39.407, Florida Statutes, is amended to read:
284 A copy of the written findings of the evaluation and suitability assessment must be provided to the department, to the guardian ad litem, and, if the child is a member of a Medicaid managed care plan, to the plan that is financially responsible for the child’s care in residential treatment, all of whom must be provided with the opportunity to discuss the findings with the evaluator.
196 A copy of the written findings of the evaluation and suitability assessment must be provided to the department, to the guardian ad litem, and, if the child is a member of a Medicaid managed care plan, to the plan that is financially responsible for the child’s care in residential treatment, all of whom must be provided with the opportunity to discuss the findings with the evaluator.
Section 7. Section 39.503, Florida Statutes, is amended to read:
Section 5. Section 39.5035, Florida Statutes, is created to read:
39.503 Identity or location of parent unknown;
special procedures.— (1) If the identity or location of a parent is unknown and a petition for dependency or shelter is filed, the court shall conduct under oath an the following inquiry of the parent or legal custodian who is available, or, if no parent or legal custodian is available, of any relative or custodian of the child who is present at the hearing and likely to have any of the following information:
(a) Whether the mother of the child was married at the probable time of conception of the child or at the time of birth of the child.
(b) Whether the mother was cohabiting with a male at the probable time of conception of the child.
(c) Whether the mother has received payments or promises of support with respect to the child or because of her pregnancy from a man who claims to be the father.
(d) Whether the mother has named any man as the father on the birth certificate of the child or in connection with applying for or receiving public assistance.
(e) Whether any man has acknowledged or claimed paternity of the child in a jurisdiction in which the mother resided at the time of or since conception of the child, or in which the child has resided or resides.
(f) Whether a man is named on the birth certificate of the child under pursuant to s.
382.013(2).
(g) Whether a man has been determined by a court order to be the father of the child.
(h) Whether a man has been determined to be the father of the child by the Department of Revenue as provided in s.
409.256.
(2) The information required in subsection (1) may be supplied to the court or the department in the form of a sworn affidavit by a person having personal knowledge of the facts.
(3) If the inquiry under subsection (1) identifies any person as a parent or prospective parent and that person’s location is known, the court shall require notice of the hearing to be provided to that person.
However, notice is not required to be provided to a prospective parent if there is an identified legal father, as defined in s.
39.01, of the child.
(4) If the inquiry under subsection (1) identifies a person as a legal father, as defined in s.
39.01, the court shall enter an order establishing the paternity of the father.
Once an order establishing paternity has been entered, the court may not take any action to disestablish this paternity in the absence of an action filed under chapter 742.
An action filed under chapter 742 concerning a child who is the subject in a dependence proceeding must comply with s.
742.0211.
(5)(4) If the inquiry under subsection (1) fails to identify any person as a parent or prospective parent, the court shall so find and may proceed without further notice and the petitioner is relieved of performing any further search.
(6)(5) If the inquiry under subsection (1) identifies a parent or prospective parent, and that person’s location is unknown, the court shall direct the petitioner to conduct a diligent search for that person before scheduling a disposition hearing regarding the dependency of the child unless the court finds that the best interest of the child requires proceeding without notice to the person whose location is unknown.
However, a diligent search is not required to be conducted for a prospective parent if there is an identified legal father, as defined in s.
39.01, of the child.
(7)(6) The diligent search required by subsection (6) (5) must include, at a minimum, inquiries of all relatives of the parent or prospective parent made known to the petitioner, inquiries of all offices of program areas of the department likely to have information about the parent or prospective parent, inquiries of other state and federal agencies likely to have information about the parent or prospective parent, inquiries of appropriate utility and postal providers, a thorough search of at least one electronic database specifically designed for locating persons, a search of the Florida Putative Father Registry, and inquiries of appropriate law enforcement agencies.
Pursuant to s.
453 of the Social Security Act, 42 U.S.C.
s.
653(c)(4), the department, as the state agency administering Titles IV-B and IV-E of the act, shall be provided access to the federal and state parent locator service for diligent search activities.
(8)(7) Any agency contacted by a petitioner with a request for information under pursuant to subsection (7) must (6) shall release the requested information to the petitioner without the necessity of a subpoena or court order.
(9) If the inquiry and diligent search identifies and locates a parent, that person is considered a parent for all purposes under this chapter and must be provided notice of all hearings.
(10)(8) If the inquiry and diligent search identifies and locates a prospective parent and there is no legal father, that person must be given the opportunity to become a party to the proceedings by completing a sworn affidavit of parenthood and filing it with the court or the department.
A prospective parent who files a sworn affidavit of parenthood while the child is a dependent child but no later than at the time of or before the adjudicatory hearing in any termination of parental rights proceeding for the child shall be considered a parent for all purposes under this chapter section unless the other parent contests the determination of parenthood.
A person does not have standing to file a sworn affidavit of parenthood or otherwise establish parenthood, except through adoption, after entry of a judgment terminating the parental rights of the legal father for a child.
If the known parent contests the recognition of the prospective parent as a parent, the court having jurisdiction over the dependency matter shall conduct a determination of parentage under chapter 742.
The prospective parent may not be recognized as a parent until proceedings to determine maternity or paternity under chapter 742 have been concluded.
However, the prospective parent shall continue to receive notice of hearings as a participant pending results of the chapter 742 proceedings to determine maternity or paternity.
(11)(9) If the diligent search under subsection (6) (5) fails to identify and locate a parent or prospective parent who was identified during the inquiry under subsection (1), the court shall so find and may proceed without further notice and the petitioner is relieved from performing any further search.
Section 8. Section 39.5035, Florida Statutes, is created to read:
Section 9. Paragraph (c) of subsection (1) and subsections (3) and (7) of section 39.521, Florida Statutes, are amended to read:
Section 6. Paragraph (c) of subsection (1) and subsections (3) and (7) of section 39.521, Florida Statutes, are amended to read:
740 Protective supervision continues until the court terminates it or until the child reaches the age of 18, whichever date is first.
536 Protective supervision continues until the court terminates it or until the child reaches the age of 18, whichever date is first.
Section 10. Section 39.522, Florida Statutes, is amended to read:
Section 7. Section 39.522, Florida Statutes, is amended to read:
Section 11. Subsection (8) of section 39.6011, Florida Statutes, is amended to read:
Section 8. Subsection (8) of section 39.6011, Florida Statutes, is amended to read:
Section 12. Section 39.63, Florida Statutes, is created to read:
Section 9. Section 39.63, Florida Statutes, is created to read:
Section 13. Paragraph (a) of subsection (3) of section 39.801, Florida Statutes, is amended to read:
Section 10. Paragraph (e) of subsection (1) and subsection (2) of section 39.806, Florida Statutes, are amended to read:
39.801 Procedures and jurisdiction;
notice;
service of process.— (3) Before the court may terminate parental rights, in addition to the other requirements set forth in this part, the following requirements must be met:
(a) Notice of the date, time, and place of the advisory hearing for the petition to terminate parental rights and a copy of the petition must be personally served upon the following persons, specifically notifying them that a petition has been filed:
1. The parents of the child.
2. The legal custodians of the child.
3. If the parents who would be entitled to notice are dead or unknown, a living relative of the child, unless upon diligent search and inquiry no such relative can be found.
4. Any person who has physical custody of the child.
5. Any grandparent entitled to priority for adoption under s.
63.0425.
6. Any prospective parent who has been identified and located under s.
39.503 or s.
39.803, unless a court order has been entered under s.
39.503(5) or (11) or s.
39.803(5) or (11) pursuant to s.
39.503(4) or (9) or s.
39.803(4) or (9) which indicates no further notice is required.
Except as otherwise provided in this section, if there is not a legal father, notice of the petition for termination of parental rights must be provided to any known prospective father who is identified under oath before the court or who is identified and located by a diligent search of the Florida Putative Father Registry.
Service of the notice of the petition for termination of parental rights is not required if the prospective father executes an affidavit of nonpaternity or a consent to termination of his parental rights which is accepted by the court after notice and opportunity to be heard by all parties to address the best interests of the child in accepting such affidavit.
7. The guardian ad litem for the child or the representative of the guardian ad litem program, if the program has been appointed.
963 The document containing the notice to respond or appear must contain, in type at least as large as the type in the balance of the document, the following or substantially similar language:
“FAILURE TO PERSONALLY APPEAR AT THIS ADVISORY HEARING CONSTITUTES CONSENT TO THE TERMINATION OF PARENTAL RIGHTS OF THIS CHILD (OR CHILDREN).
IF YOU FAIL TO APPEAR ON THE DATE AND TIME SPECIFIED, YOU MAY LOSE ALL LEGAL RIGHTS AS A PARENT TO THE CHILD OR CHILDREN NAMED IN THE PETITION ATTACHED TO THIS NOTICE.” Section 14. Section 39.803, Florida Statutes, is amended to read:
39.803 Identity or location of parent unknown after filing of termination of parental rights petition;
special procedures.— (1) If the identity or location of a parent is unknown, and a petition for termination of parental rights is filed, and the court has not previously conducted an inquiry or entered an order relieving the petitioner of further search or notice under s.
39.503, the court shall conduct under oath the following inquiry of the parent who is available, or, if no parent is available, of any relative, caregiver, or legal custodian of the child who is present at the hearing and likely to have the information:
(a) Whether the mother of the child was married at the probable time of conception of the child or at the time of birth of the child.
(b) Whether the mother was cohabiting with a male at the probable time of conception of the child.
(c) Whether the mother has received payments or promises of support with respect to the child or because of her pregnancy from a man who claims to be the father.
(d) Whether the mother has named any man as the father on the birth certificate of the child or in connection with applying for or receiving public assistance.
(e) Whether any man has acknowledged or claimed paternity of the child in a jurisdiction in which the mother resided at the time of or since conception of the child, or in which the child has resided or resides.
(f) Whether a man is named on the birth certificate of the child under pursuant to s.
382.013(2).
(g) Whether a man has been determined by a court order to be the father of the child.
(h) Whether a man has been determined to be the father of the child by the Department of Revenue as provided in s.
409.256.
(2) The information required in subsection (1) may be supplied to the court or the department in the form of a sworn affidavit by a person having personal knowledge of the facts.
(3) If the inquiry under subsection (1) identifies any person as a parent or prospective parent and that person’s location is known, the court shall require notice of the hearing to be provided to that person.
However, notice is not required to be provided to a prospective parent if there is an identified legal father, as defined in s.
39.01, of the child.
(4) If the inquiry under subsection (1) identifies a person as a legal father, as defined in s.
39.01, the court shall enter an order establishing the paternity of the father.
Once an order establishing paternity has been entered, the court may not take any action to disestablish this paternity in the absence of an action filed under chapter 742.
An action filed under chapter 742 concerning a child who is the subject in a dependence proceeding must comply with s.
742.0211.
(5)(4) If the inquiry under subsection (1) fails to identify any person as a parent or prospective parent, the court shall so find and may proceed without further notice and the petitioner is relieved of performing any further search.
(6)(5) If the inquiry under subsection (1) identifies a parent or prospective parent, and that person’s location is unknown, the court shall direct the petitioner to conduct a diligent search for that person before scheduling an adjudicatory hearing regarding the petition for termination of parental rights to the child unless the court finds that the best interest of the child requires proceeding without actual notice to the person whose location is unknown.
However, a diligent search is not required to be conducted for a prospective parent if there is an identified legal father, as defined in s.
39.01, of the child.
(7)(6) The diligent search required by subsection (6) (5) must include, at a minimum, inquiries of all known relatives of the parent or prospective parent, inquiries of all offices of program areas of the department likely to have information about the parent or prospective parent, inquiries of other state and federal agencies likely to have information about the parent or prospective parent, inquiries of appropriate utility and postal providers, a thorough search of at least one electronic database specifically designed for locating persons, a search of the Florida Putative Father Registry, and inquiries of appropriate law enforcement agencies.
Pursuant to s.
453 of the Social Security Act, 42 U.S.C.
s.
653(c)(4), the department, as the state agency administering Titles IV-B and IV-E of the act, shall be provided access to the federal and state parent locator service for diligent search activities.
(8)(7) Any agency contacted by petitioner with a request for information under pursuant to subsection (7) (6) shall release the requested information to the petitioner without the necessity of a subpoena or court order.
(9) If the inquiry and diligent search identifies and locates a parent, that person is considered a parent for all purposes under this chapter and must be provided notice of all hearings.
(10)(8) If the inquiry and diligent search identifies and locates a prospective parent and there is no legal father, that person must be given the opportunity to become a party to the proceedings by completing a sworn affidavit of parenthood and filing it with the court or the department.
A prospective parent who files a sworn affidavit of parenthood while the child is a dependent child but no later than at the time of or before the adjudicatory hearing in the termination of parental rights proceeding for the child shall be considered a parent for all purposes under this chapter section.
A person does not have standing to file a sworn affidavit of parenthood or otherwise establish parenthood, except through adoption, after the entry of a judgment terminating the parental rights of the legal father for a child.
If the known parent contests the recognition of the prospective parent as a parent, the court having jurisdiction over the dependency matter shall conduct a determination of parentage proceeding under chapter 742.
The prospective parent may not be recognized as a parent until proceedings to determine maternity or paternity have been concluded.
However, the prospective parent shall continue to receive notice of hearings as a participant pending results of the proceedings to determine maternity or paternity.
(11)(9) If the diligent search under subsection (6) (5) fails to identify and locate a parent or prospective parent who was identified during the inquiry under subsection (1), the court shall so find and may proceed without further notice and the petitioner is relieved from performing any further search.
Section 15. Paragraph (e) of subsection (1) and subsection (2) of section 39.806, Florida Statutes, are amended to read:
Section 16. Subsection (9) of section 39.811, Florida Statutes, is amended to read:
Section 11. Subsection (9) of section 39.811, Florida Statutes, is amended to read:
Section 17. Subsections (1), (4), and (5) of section 39.812, Florida Statutes, are amended to read:
Section 12. Subsections (1), (4), and (5) of section 39.812, Florida Statutes, are amended to read:
Section 18. Subsection (7) of section 63.062, Florida Statutes, is amended to read:
Section 13. Section 39.820, Florida Statutes, is amended to read:
39.820 Definitions.—As used in this chapter part, 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 a certified guardian ad litem programs;
program, a duly certified volunteer, a staff member, a staff attorney, a contract attorney, or certified a pro bono attorney working on behalf of a guardian ad litem or the program;
staff members of a program office;
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 pursuant to the provisions of this part.
Section 14. Subsection (7) of section 63.062, Florida Statutes, is amended to read:
Section 19. Paragraph (b) of subsection (6) of section 63.082, Florida Statutes, is amended to read:
Section 15. Paragraph (b) of subsection (6) of section 63.082, Florida Statutes, is amended to read:
revocation of consent.— (6) (b) Upon execution of the consent of the parent, the adoption entity is shall be permitted to intervene in the dependency case as a party in interest and must provide the court that acquired jurisdiction over the minor, pursuant to the shelter order or dependency petition filed by the department, a copy of the preliminary home study of the prospective adoptive parents and any other evidence of the suitability of the placement.
revocation of consent.— (6) (b) Upon execution of the consent of the parent, the adoption entity must shall be permitted to intervene in the dependency case as a party in interest and must provide the court that acquired jurisdiction over the minor, pursuant to the shelter order or dependency petition filed by the department, a copy of the preliminary home study of the prospective adoptive parents and any other evidence of the suitability of the placement.
Section 20. Subsections (8) and (9) of section 402.302, Florida Statutes, are amended to read:
Section 16. Subsections (8) and (9) of section 402.302, Florida Statutes, are amended to read:
Household children under 13 years of age, when on the premises of the family day care home or on a field trip with children enrolled in child care, are shall be included in the overall capacity of the licensed home.
Household children under 13 years of age, when on the premises of the family day care home or on a field trip with children enrolled in child care, must shall be included in the overall capacity of the licensed home.
Section 21. Paragraph (a) of subsection (7), paragraphs (b) and (c) of subsection (9), and subsection (10) of section 402.305, Florida Statutes, are amended to read:
Section 17. Paragraph (a) of subsection (7), paragraphs (b) and (c) of subsection (9), and subsection (10) of section 402.305, Florida Statutes, are amended to read:
1. Requirements for child restraints or seat belts in vehicles used by child care facilities and large family child care homes to transport children., 2. Requirements for annual inspections of such the vehicles., 3. Limitations on the number of children which may be transported in such the vehicles., 4. Procedures to ensure that avoid leaving children are not inadvertently left in vehicles when transported by a the facility or home, and that systems are in place to ensure accountability for children transported by such facilities or homes the child care facility.
1. Requirements for child restraints or seat belts in vehicles used by child care facilities and large family child care homes to transport children., 2. Requirements for annual inspections of such the vehicles., 3. Limitations on the number of children which may be transported in such the vehicles., 4. Procedures to avoid leaving children in vehicles when transported by the facility, and accountability for children transported by the child care facility.
Section 22. Subsections (14) and (15) of section 402.313, Florida Statutes, are amended to read:
Section 18. Subsections (14) and (15) of section 402.313, Florida Statutes, are amended to read:
Section 23. Subsections (8), (9), and (10) of section 402.3131, Florida Statutes, are amended to read:
Section 19. Subsections (8), (9), and (10) of section 402.3131, Florida Statutes, are amended to read:
Section 24. Subsection (6) and paragraphs (b) and (e) of subsection (7) of section 409.1451, Florida Statutes, are amended to read:
Section 20. Subsection (6) and paragraphs (b) and (e) of subsection (7) of section 409.1451, Florida Statutes, are amended to read:
Section 25. Section 742.0211, Florida Statutes, is created to read:
Section 21. This act shall take effect October 1, 2020.
742.0211 Proceedings applicable to dependent children.— (1) As used in this section, the term “dependent child” means a child who is the subject of any proceeding under chapter 39.
(2) In addition to the other requirements of this chapter, any paternity proceeding filed under this chapter that concerns a dependent child must also comply with the requirements of this section.
(3) Notwithstanding s.
742.021(1), a paternity proceeding filed under this chapter that concerns a dependent child may be filed in the circuit court of the county that is exercising jurisdiction over the chapter 39 proceeding, even if the plaintiff or defendant do not reside in that county.
(4) The court having jurisdiction over the dependency matter may conduct any paternity proceeding filed under this chapter either as part of the chapter 39 proceeding or as a separate action under this chapter.
(5) A person does not have standing to file a complaint under this chapter after the entry of a judgment terminating the parental rights of the legal father, as defined in s.
39.01, for the dependent child in the chapter 39 proceeding.
(6) The court must hold a hearing on the complaint concerning a dependent child as required under s.
742.031 within 30 days after the complaint is filed.
(7)(a) If the dependent child has a legal father, as defined in s.
39.01, and a different man, who has reason to believe that he is the father of the dependent child, has filed a complaint to establish paternity under this chapter and disestablish the paternity of the legal father, the alleged father must prove at the hearing held under s.
742.031 that:
1. He has acted with diligence in seeking the establishment of paternity.
2. He is the father of the dependent child.
3. He has manifested a substantial and continuing concern for the welfare of the dependent child.
(b) If the alleged father establishes the facts under paragraph (a), he must then prove by clear and convincing evidence that there is a clear and compelling reason to disestablish the legal father’s paternity and instead establish paternity with him by considering the best interest of the dependent child.
(c) There is a rebuttable presumption that it is not in the dependent child’s best interest to disestablish the legal father’s paternity if:
1. The dependent child has been the subject of a chapter 39 proceeding for 12 months or more before the alleged father files a complaint under this chapter.
2. The alleged father does not pass a preliminary home study as required under s.
63.092 to be a placement for the dependent child.
(8) The court must enter a written order on the paternity complaint within 30 days after the conclusion of the hearing.
(9) If the court enters an order disestablishing the paternity of the legal father and establishing the paternity of the alleged father, then that person shall be considered a parent, as defined in s.
39.01, for all purposes of the chapter 39 proceeding.
Section 26. This act shall take effect October 1, 2020.
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Action History

  1. Died in Appropriations

  2. Indefinitely postponed and withdrawn from consideration

  3. Now in Appropriations

  4. Subcommittee Recommendation: Favorable by Appropriations Subcommittee on Health and Human Services; YEAS 10 NAYS 0

  5. On Committee agenda-- Appropriations Subcommittee on Health and Human Services, 02/18/20, 4:00 pm, 412 Knott Building

  6. Now in Appropriations Subcommittee on Health and Human Services

  7. CS by Children, Families, and Elder Affairs read 1st time

  8. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  9. CS by Children, Families, and Elder Affairs; YEAS 6 NAYS 0

  10. On Committee agenda-- Children, Families, and Elder Affairs, 02/04/20, 12:30 pm, 301 Senate Building

  11. On Committee agenda-- Children, Families, and Elder Affairs, 01/28/20, 4:00 pm, 301 Senate Building --Temporarily Postponed

  12. Introduced

  13. Referred to Children, Families, and Elder Affairs; Appropriations Subcommittee on Health and Human Services; Appropriations

  14. Filed

Sponsors

  • Perry · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 159 not signed on

Sponsors (1)

  • Perry

Co-sponsors (0)

None.

Not signed on (159)

159 members have not signed on to this bill.

Show all 159 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 1548 do?
Child Welfare; Requiring the Florida Court Educational Council to establish certain standards for instruction of specified circuit court judges; deleting a requirement for the Department of Children and Families to report certain information to the Legislature; providing court procedures and requirements relating to deceased parents of a dependent child; authorizing the department to take certain actions without a court order, etc.
Who sponsors SB 1548?
SB 1548 is sponsored by Perry.
What is the current status of SB 1548?
This bill died with 2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 1548?
Track SB 1548 free on One Click Politics — get push/email alerts when it moves.

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