S 1730

Florida Senate - 2026  SB 1730
By Senator Rodriguez
40-00533-26  20261730__
1A bill to be entitled
2An act relating to child welfare; amending s. 39.01,
3F.S.; revising the definition of the term “abuse”;
4amending s. 39.205, F.S.; deleting a provision
5exempting a judge subject to discipline under the
6State Constitution from criminal prosecution under
7certain circumstances; amending s. 61.046, F.S.;
8revising the definition of the term “parenting plan”;
9creating s. 61.46, F.S.; defining the term “emergency
10hearing”; authorizing interested parties to file
11motions requesting emergency hearings to resolve
12certain custody or visitation disputes; providing
13requirements for the motion; requiring a court to
14immediately review such motion; requiring a court to
15hold an emergency hearing within a specified period
16under certain circumstances; requiring a court to give
17all parties to an emergency hearing certain notice;
18authorizing a court to issue certain temporary orders
19during an emergency hearing; requiring a court to hold
20a full hearing on the merits within a specified period
21after an emergency hearing; authorizing a court to
22award sufficient makeup time to a custodial parent and
23consider additional remedies and sanctions under
24certain circumstances; amending s. 741.28, F.S.;
25revising the definition of the term “domestic
26violence”; amending s. 787.01, F.S.; revising the
27definition of the term “kidnapping”; amending s.
28787.03, F.S.; providing legislative intent; defining
29the term “lawful custody or visitation”; prohibiting
30the infringement of the right of each parent or legal
31guardian to lawful custody or visitation without due
32process and a certain court order; prohibiting an
33individual from interfering with a parent’s or legal
34guardian’s lawful custody or visitation by taking an
35action that keeps a minor or vulnerable adult from the
36parent or legal guardian; providing criminal
37penalties; providing that certain court orders do not
38legitimize certain acts; requiring law enforcement
39officers to investigate certain reports; authorizing
40law enforcement officers to locate minors and
41vulnerable adults and assist parents and legal
42guardians seeking to enforce certain rights;
43prohibiting law enforcement officers from taking
44certain actions; requiring a law enforcement officer
45concluding an investigation to provide certain notice
46to the initiating parent or legal guardian and an
47affidavit that includes certain information to the
48state attorney’s office and the officer’s supervisor;
49requiring that certain documents be filed and
50electronically maintained in a certain manner;
51specifying that the venue for prosecution of certain
52violations is in a certain county; authorizing law
53enforcement officers to enter certain identifying
54information into certain databases and seek warrants
55for recovery of minors and vulnerable adults;
56providing a specified defense to certain violations;
57providing a certain presumption; requiring the
58Department of Law Enforcement to create and distribute
59a certain model protocol and training materials;
60requiring law enforcement agencies to adopt written
61policies for a certain purpose and conduct certain
62annual training; amending s. 827.03, F.S.; revising
63the definition of the term “child abuse”; amending s.
64910.14, F.S.; providing that a person who violates
65certain provisions may be tried in any county in which
66the person’s victim has been taken or confined during
67the course of the offense; amending s. 937.0201, F.S.;
68revising the definition of the term “missing child”;
69reenacting ss. 61.125(4)(b), 61.13(2)(c), 61.401,
7061.402(3), 95.11(8), 390.01114(2)(b), 393.067(4)(g),
71744.309(3), 984.03(2), 1001.42(8)(c), F.S., relating
72to parenting coordination; support of children,
73parenting and time-sharing, and powers of court;
74appointment of guardian ad litem; qualifications of
75guardians ad litem; limitations other than for the
76recovery of real property; the Parental Notice of and
77Consent for Abortion Act; facility licensure; who may
78be appointed guardian of a resident ward; definitions;
79and powers and duties of a district school board,
80respectively, to incorporate the amendment made to s.
8139.01, F.S., in references thereto; providing an
82effective date.
83
84Be It Enacted by the Legislature of the State of Florida:
85
86Section 1. Subsection (2) of section 39.01, Florida
87Statutes, is amended to read:
8839.01 Definitions.—When used in this chapter, unless the
89context otherwise requires:
90(2) “Abuse” means any willful act or threatened act that
91[results in any physical, mental, or sexual abuse, injury, or]
92[harm that] causes or creates a substantial risk of significant
93impairment to [is likely to cause] the child’s physical, mental,
94or emotional health. The term includes any direct or indirect
95action or omission that impacts the child’s well-being,
96regardless of whether the child recognizes or understands that
97the action or omission is abusive or whether the action or
98omission results in actual injury; [to be significantly impaired][.]
99[Abuse of a child][ includes] the birth of a new child into a family
100during the course of an open dependency case when the parent or
101caregiver has been determined to lack the protective capacity to
102safely care for the children in the home and has not
103substantially complied with the case plan towards successful
104reunification or met the conditions for return of the children
105into the home; and any violation of s. 787.03, relating to
106interference with custody. Whether a willful act or threatened
107act is abuse depends upon the nature of the act or threat,
108regardless of the outcome of the act or threat. [Abuse of a child]
109[includes acts or omissions][.] Corporal discipline of a child by a
110parent or legal custodian for disciplinary purposes does not in
111itself constitute abuse when it does not result in harm to the
112child.
113Section 2. Subsection (1) of section 39.205, Florida
114Statutes, is amended to read:
11539.205 Penalties relating to reporting of child abuse,
116abandonment, or neglect.—
117(1) A person who knowingly and willfully fails to report to
118the central abuse hotline known or suspected child abuse,
119abandonment, or neglect, or who knowingly and willfully prevents
120another person from doing so, commits a felony of the third
121degree, punishable as provided in s. 775.082, s. 775.083, or s.
122775.084. [A judge subject to discipline pursuant to s. 12, Art. V]
123[of the State Constitution may not be subject to criminal]
124[prosecution when the information was received in the course of]
125[official duties.]
126Section 3. Paragraph (a) of subsection (14) of section
12761.046, Florida Statutes, is amended to read:
12861.046 Definitions.—As used in this chapter, the term:
129(14) “Parenting plan” means a document created to govern
130the relationship between the parents relating to decisions that
131must be made regarding the minor child and must contain a time
132sharing schedule for the parents and child. The issues
133concerning the minor child may include, but are not limited to,
134the child’s education, health care, and physical, social, and
135emotional well-being. In creating the plan, all circumstances
136between the parents, including their historic relationship,
137domestic violence, and other factors must be taken into
138consideration.
139(a) The parenting plan must [be]:
1401.a.Be developed and agreed to by the parents and approved
141by a court; or
142b.[2.] Be established by the court, with or without the use
143of a court-ordered parenting plan recommendation, if the parents
144cannot agree to a plan or the parents agreed to a plan that is
145not approved by the court; and
1462. Include a statement that, in accordance with s. 787.03,
147law enforcement officers shall investigate all reported
148instances of interference with custody and are authorized to
149locate the child, accompany a parent seeking to enforce lawful
150custody or visitation rights, and assist a parent in enforcing
151lawful custody or visitation rights.
152Section 4. Section 61.46, Florida Statutes, is created to
153read:
15461.46Emergency hearings in custody and visitation
155disputes.—
156(1) DEFINITION.—For purposes of this section, the term
157“emergency hearing” means an expedited judicial proceeding to
158address an urgent issue posing a threat of imminent or
159irreparable harm to a child or vulnerable adult, including, but
160not limited to, interference with lawful custody or visitation
161as defined in s. 787.03,which proceeding is intended to provide
162temporary relief pending a full adjudication of the issue on its
163merits.
164(2) CRITERIA.—
165(a) An interested party may file a motion with a court of
166appropriate jurisdiction requesting an emergency hearing to
167resolve a custody or visitation dispute that includes any of the
168following circumstances:
1691. A verified violation of s. 741.28, s. 827.03, or s.
170787.03 exists, creating a credible threat to the physical or
171emotional well-being of a child or vulnerable adult.
1722. Immediate action is necessary to prevent significant
173financial or custodial harm.
1743. A child or vulnerable adult has been unlawfully removed,
175concealed, withheld, or relocated by a parent or caregiver in
176violation of a court order, shared parenting plan, or applicable
177law, where delay would endanger the child’s physical or
178emotional well-being or substantially impair the parent-child
179relationship.
1804. A child or vulnerable adult faces imminent abuse orharm
181as defined in s. 39.01(2) and (37), respectively.
182(b) The motion must include a sworn affidavit specifying
183the alleged violation and urgent need for judicial intervention,
184which provides:
1851. Evidence of a breached court order or parenting plan
186concerning custody or visitation; or
1872. A description of the actions by the alleged offender
188which interfere with established custody or visitation rights.
189(3) EMERGENCY HEARING.—
190(a) The court shall immediately review motions received
191pursuant to this section. If the court determines that any of
192the circumstances listed in paragraph (2)(a) exist, the court
193must hold an emergency hearing within 3 business days.
194(b) The court shall give all parties to the emergency
195hearing prompt notice of the time and place of the emergency
196hearing.
197(c)During the emergency hearing, the court may issue
198temporary orders to protect the child or vulnerable adult,
199including, but not limited to, orders that do any of the
200following:
2011.Adjust custody or visitation arrangements.
2022.Direct the prompt return of the child or vulnerable
203adult to the lawful custodian.
2043.Order law enforcement to enforce the orders of the
205court, including, if necessary, supervised return.
206(4) FULL HEARING.—A full hearing on the merits must occur
207within 30 calendar days afteran emergency hearing to assess
208allegations and establish long-term custody or visitation
209arrangements. A temporary order issued during an emergency
210hearing remains in effect until modified by order of the court
211during a full hearing.
212(5) MAKEUP TIME AND ADDITIONAL REMEDIES.—If the court finds
213at a full hearing that a parent unreasonably refused to honor a
214time-sharing agreement in the parenting plan, the court must do
215all of the following:
216(a) Award sufficient makeup time to the parent whose
217custodial time was denied, pursuant to s. 61.13(4)(c).
218(b) Consider additional remedies and sanctions, including,
219but not limited to, fines, community service, and supervised
220visitation, to deter future violations and protect the integrity
221of the court-ordered parenting plan or time-sharing agreement.
222Section 5. Subsection (2) of section 741.28, Florida
223Statutes, is amended to read:
224741.28 Domestic violence; definitions.—As used in ss.
225741.28-741.31:
226(2) “Domestic violence” means any assault, aggravated
227assault, battery, aggravated battery, sexual assault, sexual
228battery, stalking, aggravated stalking, kidnapping as defined in
229s. 787.01, false imprisonment as defined in s. 787.02,
230interference with lawful custody or visitation as defined in s.
231787.03, or any other criminal offense resulting in physical
232injury or death of one family or household member by another
233family or household member. The term includes interference with
234lawful custody or visitation which occurs through the taking or
235retaining by one family or household member of another family or
236household member who is a minor or vulnerable adult before the
237entry of a court order or agreed-upon parenting plan
238establishing lawful custody or visitation.
239Section 6. Subsection (1) of section 787.01, Florida
240Statutes, is amended to read:
241787.01 Kidnapping; kidnapping of child under age 13 or
242vulnerable adult, aggravating circumstances.—
243(1)(a) The term “kidnapping” means forcibly, secretly, or
244by threat confining, abducting, or imprisoning another person
245against her or his will and without lawful authority, when such
246conduct involves any of the following [with intent to]:
2471. Holding such person [Hold] for ransom or reward or as a
248shield or hostage.
2492. Committing or facilitating the [Commit or facilitate]
250commission of any felony.
2513. Inflicting [Inflict] bodily harm upon or terrorizing [to]
252[terrorize] the victim or another person.
2534. Interfering [Interfere] with the performance of any
254governmental or political function.
2555. Interfering with lawful custody or visitation as defined
256in s. 787.03.
257(b) The confinement, abduction, or imprisonment of a child
258under the age of 13 or a vulnerable adult is against her or his
259will within the meaning of this subsection if such confinement,
260abduction, or imprisonment is without the consent of all of her
261or his parents [parent] or legal guardians [guardian].
262Section 7. Section 787.03, Florida Statutes, is amended to
263read:
264(Substantial rewording of section. See
265s. 787.03, F.S., for present text.)
266787.03Interference with lawful custody or visitation;
267defenses; penalties.—
268(1) It is the intent of the Legislature that interference
269with lawful custody or visitation be treated as a criminal act
270rather than asa private matter.
271(2) As used in this section, the term “lawful custody or
272visitation” means the rights of a parent or legal guardian to
273the care, control, and companionship of a minor or vulnerable
274adult, whether arising by statute, consistent with a court
275order, or by operation of law, including the right to all of the
276following:
277(a) Communicate between the minor or vulnerable adult and
278the other parent or legal guardian in person, by telephone,
279text, video call, e-mail, or other electronic means without
280interference.
281(b)Have physical access to the minor or vulnerable adult
282during court-ordered or agreed-upon custody or visitation
283periods without denial or limitation.
284(c)Participate in timely custody exchanges, visitation, or
285parenting time without delay or absence, except when reasonable
286notice or a verifiable lawful excuse exists.
287(d)Be free from allegations of abuse, neglect, or other
288misconduct which are unfounded, unsubstantiated, or without
289probable cause, and which have the effect of disrupting,
290delaying, or otherwise undermining the lawful custody or
291visitation of a parent or legal guardian.
292(3) The right of each parent or legal guardian to lawful
293custody or visitation may not be infringed without due process
294and a valid court order expressly removing or restricting such
295lawful custody or visitation.
296(4) An individual, including a parent or legal guardian,
297may not interfere with a parent or legal guardian’s lawful
298custody or visitation, or cause another person to so interfere,
299by taking, enticing, inviting, concealing, or withholding a
300minor or vulnerable adult from a parent or legal guardian, or by
301taking any other action that keeps a minor or vulnerable adult
302from a parent or legal guardian. An individual who violates this
303subsection commits a felony of the third degree, punishable as
304provided in s. 775.082, s. 775.083, or s. 775.084.
305(5) A court order obtained for lawful custody or visitation
306after a violation of this section has occurred does not
307legitimize the violation.
308(6) Law enforcement officers shall investigate all reported
309violations of this section. As part of such investigation:
310(a) Law enforcement officers may do all of the following:
3111. Locate minorsand vulnerable adults.
3122. Accompany and assist parentsand legal guardians seeking
313to enforce lawful custody or visitation rights.
314(b) Law enforcement officers may not do any of the
315following:
3161. Adjudicate the merits of custody or visitation disputes.
3172. Consider the preferences of a minor or vulnerable adult.
3183. Decline to enforce this section on the basis that a
319civil proceeding is pending.
3204. Remove a minor or vulnerable adult from a parent or
321guardian if doing so would cause physical injury to the minor or
322vulnerable adult.
323(7)(a) Upon concluding an investigation conducted under
324this section, the law enforcement officer shall do all of the
325following:
3261. Immediately provide the parent or legal guardian who
327initiated the investigation with written notice of the legal
328rights and remedies specified in the notice required under s.
329741.29(1)(d).
3302. Ifhe or she determines that probable cause for arrest
331does not exist, the officer must prepare a detailed affidavit
332and promptly submit it to the state attorney’s office and the
333officer’s supervisor for review. At a minimum, the affidavit
334must include all of the following:
335a. The names, ages, genders, and relationships of all minor
336children and vulnerable adults involved.
337b. Copies of any parenting plan, court order, or other
338agreement determining lawful custody and visitation.
339c. Copies of any witness statement obtained during the
340investigation.
341d. A written explanation of his or her basis for
342determining that probable cause for arrest does not exist.
343(b)All documents related to an investigation under this
344section must be filed and electronically maintained in
345accordance with s. 943.1702.
346(8) Venue for prosecution of a violation ofsubsection (4)
347is the county in which the law, court order, or agreed-upon
348parenting plan requires the minor or vulnerable adult to reside,
349be present, or be delivered at the time of the violation,
350regardless of the actual location of the minor or vulnerable
351adult.
352(9) Law enforcement officers may enter the identifying
353information of a minor orvulnerable adult who is the subject of
354an agreed-upon parenting plan, a court order, or an
355investigation under this section into state and federal missing
356child databases and may seek warrants for the recovery of the
357minor or vulnerable adult consistent with ss. 61.501–61.542.
358(10) It is a defense to a violation of subsection (4) if
359the defendant establishes, by clear and convincing evidence,
360that the actions were necessary to protect the minor, vulnerable
361adult, or himself or herself from imminent harm, provided that
362the defendant files a complaint with law enforcement in the
363county in which the minor or vulnerable adult resided at the
364time of the taking or withholding as soon as is reasonably
365practicable within 24 hours after the taking or withholding.
366This defense is barred if a complaint is not filed within 24
367hours after the taking or withholding.
368(11) Proof that a person has not attained 18 years of age
369creates the presumption that the defendant knew the minor’s age
370or acted in reckless disregard thereof.
371(12) The Department of Law Enforcement shall create and
372distribute a model protocol and training materials to law
373enforcement agencies for enforcing lawful custody or visitation.
374Each law enforcement agency shall adopt written policies for
375responding to interference with lawful custody or visitation and
376conduct annual training for law enforcement personnel and victim
377advocates.
378Section 8. Paragraph (b) of subsection (1) of section
379827.03, Florida Statutes, is amended to read:
380827.03 Abuse, aggravated abuse, and neglect of a child;
381penalties.—
382(1) DEFINITIONS.—As used in this section, the term:
383(b) “Child abuse” means:
3841. Intentional infliction of physical or mental injury upon
385a child;
3862. An intentional act that could reasonably be expected to
387result in physical or mental injury to a child; [or]
3883. Active encouragement of any person to commit an act that
389results or could reasonably be expected to result in physical or
390mental injury to a child; or
3914. A violation of s. 787.03, relating to interference with
392lawful custody or visitation.
393Section 9. Section 910.14, Florida Statutes, is amended to
394read:
395910.14 Kidnapping.—A person who commits an offense provided
396for in s. 787.01, [or] s. 787.02, s. 787.03, or s. 787.04 may be
397tried in any county in which the person’s victim has been taken
398or confined during the course of the offense.
399Section 10. Subsection (3) of section 937.0201, Florida
400Statutes, is amended to read:
401937.0201 Definitions.—As used in this chapter, the term:
402(3) “Missing child” means a person younger than 18 years of
403age whose [temporary or permanent] residence or last known
404location was [is] in[, or is believed to be in,] this state, whose
405location is unknown to at least one parent or legal guardian
406with lawful custody or visitation as defined in s. 787.03 [has]
407[not been determined], and who has been reported as missing to a
408law enforcement agency. The term includes a person younger than
40918 years of age who is withheld in violation of a parenting
410plan, a court order, or applicable law, including through
411conduct that violates s. 787.01(1)(b) or s. 787.03.
412Section 11. For the purpose of incorporating the amendment
413made by this act to section 39.01, Florida Statutes, in a
414reference thereto, paragraph (b) of subsection (4) of section
41561.125, Florida Statutes, is reenacted to read:
41661.125 Parenting coordination.—
417(4) DOMESTIC VIOLENCE ISSUES.—
418(b) In determining whether there has been a history of
419domestic violence, the court shall consider whether a party has
420committed an act of domestic violence as defined s. 741.28, or
421child abuse as defined in s. 39.01, against the other party or
422any member of the other party’s family; engaged in a pattern of
423behaviors that exert power and control over the other party and
424that may compromise the other party’s ability to negotiate a
425fair result; or engaged in behavior that leads the other party
426to have reasonable cause to believe he or she is in imminent
427danger of becoming a victim of domestic violence. The court
428shall consider and evaluate all relevant factors, including, but
429not limited to, the factors listed in s. 741.30(6)(b).
430Section 12. For the purpose of incorporating the amendment
431made by this act to section 39.01, Florida Statutes, in a
432reference thereto, paragraph (c) of subsection (2) of section
43361.13, Florida Statutes, is reenacted to read:
43461.13 Support of children; parenting and time-sharing;
435powers of court.—
436(2)
437(c) The court shall determine all matters relating to
438parenting and time-sharing of each minor child of the parties in
439accordance with the best interests of the child and in
440accordance with the Uniform Child Custody Jurisdiction and
441Enforcement Act, except that modification of a parenting plan
442and time-sharing schedule requires a showing of a substantial
443and material change of circumstances.
4441. It is the public policy of this state that each minor
445child has frequent and continuing contact with both parents
446after the parents separate or the marriage of the parties is
447dissolved and to encourage parents to share the rights and
448responsibilities, and joys, of childrearing. Unless otherwise
449provided in this section or agreed to by the parties, there is a
450rebuttable presumption that equal time-sharing of a minor child
451is in the best interests of the minor child. To rebut this
452presumption, a party must prove by a preponderance of the
453evidence that equal time-sharing is not in the best interests of
454the minor child. Except when a time-sharing schedule is agreed
455to by the parties and approved by the court, the court must
456evaluate all of the factors set forth in subsection (3) and make
457specific written findings of fact when creating or modifying a
458time-sharing schedule.
4592. The court shall order that the parental responsibility
460for a minor child be shared by both parents unless the court
461finds that shared parental responsibility would be detrimental
462to the child. In determining detriment to the child, the court
463shall consider:
464a. Evidence of domestic violence, as defined in s. 741.28;
465b. Whether either parent has or has had reasonable cause to
466believe that he or she or his or her minor child or children are
467or have been in imminent danger of becoming victims of an act of
468domestic violence as defined in s. 741.28 or sexual violence as
469defined in s. 784.046(1)(c) by the other parent against the
470parent or against the child or children whom the parents share
471in common regardless of whether a cause of action has been
472brought or is currently pending in the court;
473c. Whether either parent has or has had reasonable cause to
474believe that his or her minor child or children are or have been
475in imminent danger of becoming victims of an act of abuse,
476abandonment, or neglect, as those terms are defined in s. 39.01,
477by the other parent against the child or children whom the
478parents share in common regardless of whether a cause of action
479has been brought or is currently pending in the court; and
480d. Any other relevant factors.
4813. The following evidence creates a rebuttable presumption
482that shared parental responsibility is detrimental to the child:
483a. A parent has been convicted of a misdemeanor of the
484first degree or higher involving domestic violence, as defined
485in s. 741.28 and chapter 775;
486b. A parent meets the criteria of s. 39.806(1)(d); or
487c. A parent has been convicted of or had adjudication
488withheld for an offense enumerated in s. 943.0435(1)(h)1.a., and
489at the time of the offense:
490(I) The parent was 18 years of age or older.
491(II) The victim was under 18 years of age or the parent
492believed the victim to be under 18 years of age.
493
494If the presumption is not rebutted after the convicted parent is
495advised by the court that the presumption exists, shared
496parental responsibility, including time-sharing with the child,
497and decisions made regarding the child, may not be granted to
498the convicted parent. However, the convicted parent is not
499relieved of any obligation to provide financial support. If the
500court determines that shared parental responsibility would be
501detrimental to the child, it may order sole parental
502responsibility and make such arrangements for time-sharing as
503specified in the parenting plan as will best protect the child
504or abused spouse from further harm. Whether or not there is a
505conviction of any offense of domestic violence or child abuse or
506the existence of an injunction for protection against domestic
507violence, the court shall consider evidence of domestic violence
508or child abuse as evidence of detriment to the child.
5094. In ordering shared parental responsibility, the court
510may consider the expressed desires of the parents and may grant
511to one party the ultimate responsibility over specific aspects
512of the child’s welfare or may divide those responsibilities
513between the parties based on the best interests of the child.
514Areas of responsibility may include education, health care, and
515any other responsibilities that the court finds unique to a
516particular family.
5175. The court shall order sole parental responsibility for a
518minor child to one parent, with or without time-sharing with the
519other parent if it is in the best interests of the minor child.
5206. There is a rebuttable presumption against granting time
521sharing with a minor child if a parent has been convicted of or
522had adjudication withheld for an offense enumerated in s.
523943.0435(1)(h)1.a., and at the time of the offense:
524a. The parent was 18 years of age or older.
525b. The victim was under 18 years of age or the parent
526believed the victim to be under 18 years of age.
527
528A parent may rebut the presumption upon a specific finding in
529writing by the court that the parent poses no significant risk
530of harm to the child and that time-sharing is in the best
531interests of the minor child. If the presumption is rebutted,
532the court must consider all time-sharing factors in subsection
533(3) when developing a time-sharing schedule.
5347. Access to records and information pertaining to a minor
535child, including, but not limited to, medical, dental, and
536school records, may not be denied to either parent. Full rights
537under this subparagraph apply to either parent unless a court
538order specifically revokes these rights, including any
539restrictions on these rights as provided in a domestic violence
540injunction. A parent having rights under this subparagraph has
541the same rights upon request as to form, substance, and manner
542of access as are available to the other parent of a child,
543including, without limitation, the right to in-person
544communication with medical, dental, and education providers.
545Section 13. For the purpose of incorporating the amendment
546made by this act to section 39.01, Florida Statutes, in a
547reference thereto, section 61.401, Florida Statutes, is
548reenacted to read:
54961.401 Appointment of guardian ad litem.—In an action for
550dissolution of marriage or for the creation, approval, or
551modification of a parenting plan, if the court finds it is in
552the best interest of the child, the court may appoint a guardian
553ad litem to act as next friend of the child, investigator or
554evaluator, not as attorney or advocate. The court in its
555discretion may also appoint legal counsel for a child to act as
556attorney or advocate; however, the guardian and the legal
557counsel shall not be the same person. In such actions which
558involve an allegation of child abuse, abandonment, or neglect as
559defined in s. 39.01, which allegation is verified and determined
560by the court to be well-founded, the court shall appoint a
561guardian ad litem for the child. The guardian ad litem shall be
562a party to any judicial proceeding from the date of the
563appointment until the date of discharge.
564Section 14. For the purpose of incorporating the amendment
565made by this act to section 39.01, Florida Statutes, in a
566reference thereto, subsection (3) of section 61.402, Florida
567Statutes, is reenacted to read:
56861.402 Qualifications of guardians ad litem.—
569(3) Only a guardian ad litem who qualifies under paragraph
570(1)(a) or paragraph (1)(c) may be appointed to a case in which
571the court has determined that there are well-founded allegations
572of child abuse, abandonment, or neglect as defined in s. 39.01.
573Section 15. For the purpose of incorporating the amendment
574made by this act to section 39.01, Florida Statutes, in a
575reference thereto, subsection (8) of section 95.11, Florida
576Statutes, is reenacted to read:
57795.11 Limitations other than for the recovery of real
578property.—Actions other than for recovery of real property shall
579be commenced as follows:
580(8) FOR INTENTIONAL TORTS BASED ON ABUSE.—An action founded
581on alleged abuse, as defined in s. 39.01 or s. 415.102; incest,
582as defined in s. 826.04; or an action brought pursuant to s.
583787.061 may be commenced at any time within 7 years after the
584age of majority, or within 4 years after the injured person
585leaves the dependency of the abuser, or within 4 years from the
586time of discovery by the injured party of both the injury and
587the causal relationship between the injury and the abuse,
588whichever occurs later.
589Section 16. For the purpose of incorporating the amendment
590made by this act to section 39.01, Florida Statutes, in a
591reference thereto, paragraph (b) of subsection (2) of section
592390.01114, Florida Statutes, is reenacted to read:
593390.01114 Parental Notice of and Consent for Abortion Act.—
594(2) DEFINITIONS.—As used in this section, the term:
595(b) “Child abuse” means abandonment, abuse, harm, mental
596injury, neglect, physical injury, or sexual abuse of a child as
597those terms are defined in ss. 39.01, 827.04, and 984.03.
598Section 17. For the purpose of incorporating the amendment
599made by this act to section 39.01, Florida Statutes, in a
600reference thereto, paragraph (g) of subsection (4) of section
601393.067, Florida Statutes, is reenacted to read:
602393.067 Facility licensure.—
603(4) The application shall be under oath and shall contain
604the following:
605(g) Certification that the staff of the facility or adult
606day training program will receive training to detect, report,
607and prevent sexual abuse, abuse, neglect, exploitation, and
608abandonment, as defined in ss. 39.01 and 415.102, of residents
609and clients.
610Section 18. For the purpose of incorporating the amendment
611made by this act to section 39.01, Florida Statutes, in a
612reference thereto, subsection (3) of section 744.309, Florida
613Statutes, is reenacted to read:
614744.309 Who may be appointed guardian of a resident ward.—
615(3) DISQUALIFIED PERSONS.—No person who has been convicted
616of a felony or who, from any incapacity or illness, is incapable
617of discharging the duties of a guardian, or who is otherwise
618unsuitable to perform the duties of a guardian, shall be
619appointed to act as guardian. Further, no person who has been
620judicially determined to have committed abuse, abandonment, or
621neglect against a child as defined in s. 39.01 or s. 984.03(1),
622(2), and (24), or who has been found guilty of, regardless of
623adjudication, or entered a plea of nolo contendere or guilty to,
624any offense prohibited under s. 435.04 or similar statute of
625another jurisdiction, shall be appointed to act as a guardian.
626Except as provided in subsection (5) or subsection (6), a person
627who provides substantial services to the proposed ward in a
628professional or business capacity, or a creditor of the proposed
629ward, may not be appointed guardian and retain that previous
630professional or business relationship. A person may not be
631appointed a guardian if he or she is in the employ of any
632person, agency, government, or corporation that provides service
633to the proposed ward in a professional or business capacity,
634except that a person so employed may be appointed if he or she
635is the spouse, adult child, parent, or sibling of the proposed
636ward or the court determines that the potential conflict of
637interest is insubstantial and that the appointment would clearly
638be in the proposed ward’s best interest. The court may not
639appoint a guardian in any other circumstance in which a conflict
640of interest may occur.
641Section 19. For the purpose of incorporating the amendment
642made by this act to section 39.01, Florida Statutes, in a
643reference thereto, subsection (2) of section 984.03, Florida
644Statutes, is reenacted to read:
645984.03 Definitions.—When used in this chapter, the term:
646(2) “Abuse” has the same meaning as in s. 39.01(2).
647Section 20. For the purpose of incorporating the amendment
648made by this act to section 39.01, Florida Statutes, in a
649reference thereto, paragraph (c) of subsection (8) of section
6501001.42, Florida Statutes, is reenacted to read:
6511001.42 Powers and duties of district school board.—The
652district school board, acting as a board, shall exercise all
653powers and perform all duties listed below:
654(8) STUDENT WELFARE.—
655(c)1. In accordance with the rights of parents enumerated
656in ss. 1002.20 and 1014.04, adopt procedures for notifying a
657student’s parent if there is a change in the student’s services
658or monitoring related to the student’s mental, emotional, or
659physical health or well-being and the school’s ability to
660provide a safe and supportive learning environment for the
661student. The procedures must reinforce the fundamental right of
662parents to make decisions regarding the upbringing and control
663of their children by requiring school district personnel to
664encourage a student to discuss issues relating to his or her
665well-being with his or her parent or to facilitate discussion of
666the issue with the parent. The procedures may not prohibit
667parents from accessing any of their student’s education and
668health records created, maintained, or used by the school
669district, as required by s. 1002.22(2).
6702. A school district may not adopt procedures or student
671support forms that prohibit school district personnel from
672notifying a parent about his or her student’s mental, emotional,
673or physical health or well-being, or a change in related
674services or monitoring, or that encourage or have the effect of
675encouraging a student to withhold from a parent such
676information. School district personnel may not discourage or
677prohibit parental notification of and involvement in critical
678decisions affecting a student’s mental, emotional, or physical
679health or well-being. This subparagraph does not prohibit a
680school district from adopting procedures that permit school
681personnel to withhold such information from a parent if a
682reasonably prudent person would believe that disclosure would
683result in abuse, abandonment, or neglect, as those terms are
684defined in s. 39.01.
6853. Classroom instruction by school personnel or third
686parties on sexual orientation or gender identity may not occur
687in prekindergarten through grade 8, except when required by ss.
6881003.42(2)(o)3. and 1003.46. If such instruction is provided in
689grades 9 through 12, the instruction must be age-appropriate or
690developmentally appropriate for students in accordance with
691state standards. This subparagraph applies to charter schools.
6924. Student support services training developed or provided
693by a school district to school district personnel must adhere to
694student services guidelines, standards, and frameworks
695established by the Department of Education.
6965. At the beginning of the school year, each school
697district shall notify parents of each health care service
698offered at their student’s school and the option to withhold
699consent or decline any specific service in accordance with s.
7001014.06. Parental consent to a health care service does not
701waive the parent’s right to access his or her student’s
702educational or health records or to be notified about a change
703in his or her student’s services or monitoring as provided by
704this paragraph.
7056. Before administering a student well-being questionnaire
706or health screening form to a student in kindergarten through
707grade 3, the school district must provide the questionnaire or
708health screening form to the parent and obtain the permission of
709the parent.
7107. Each school district shall adopt procedures for a parent
711to notify the principal, or his or her designee, regarding
712concerns under this paragraph at his or her student’s school and
713the process for resolving those concerns within 7 calendar days
714after notification by the parent.
715a. At a minimum, the procedures must require that within 30
716days after notification by the parent that the concern remains
717unresolved, the school district must either resolve the concern
718or provide a statement of the reasons for not resolving the
719concern.
720b. If a concern is not resolved by the school district, a
721parent may:
722(I) Request the Commissioner of Education to appoint a
723special magistrate who is a member of The Florida Bar in good
724standing and who has at least 5 years’ experience in
725administrative law. The special magistrate shall determine facts
726relating to the dispute over the school district procedure or
727practice, consider information provided by the school district,
728and render a recommended decision for resolution to the State
729Board of Education within 30 days after receipt of the request
730by the parent. The State Board of Education must approve or
731reject the recommended decision at its next regularly scheduled
732meeting that is more than 7 calendar days and no more than 30
733days after the date the recommended decision is transmitted. The
734costs of the special magistrate shall be borne by the school
735district. The State Board of Education shall adopt rules,
736including forms, necessary to implement this subparagraph.
737(II) Bring an action against the school district to obtain
738a declaratory judgment that the school district procedure or
739practice violates this paragraph and seek injunctive relief. A
740court may award damages and shall award reasonable attorney fees
741and court costs to a parent who receives declaratory or
742injunctive relief.
743c. Each school district shall adopt and post on its website
744policies to notify parents of the procedures required under this
745subparagraph.
746d. Nothing contained in this subparagraph shall be
747construed to abridge or alter rights of action or remedies in
748equity already existing under the common law or general law.
749Section 21. This act shall take effect July 1, 2026.