Senate Bill 1588

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    Florida Senate - 1999                                  SB 1588

    By Senator Grant





    13-1432-99

  1                      A bill to be entitled

  2         An act relating to mediation; creating s.

  3         44.1021, F.S.; providing that a court may not

  4         refer a case involving domestic violence to

  5         mediation except under specified conditions;

  6         providing legislative intent; requiring a court

  7         to assess whether domestic violence is present

  8         among the parties; providing factors that the

  9         court may consider in such assessment; amending

10         ss. 44.102, 44.201, F.S.; conforming

11         provisions; providing an effective date.

12

13  Be It Enacted by the Legislature of the State of Florida:

14

15         Section 1.  Subsections (2) and (3) of section 44.102,

16  Florida Statutes, are amended to read:

17         44.102  Court-ordered mediation.--

18         (2)  A court, under rules adopted by the Supreme Court:

19         (a)  May refer to mediation all or any part of a filed

20  civil action, except as prohibited by s. 44.1021.

21         (b)  Except as prohibited by s. 44.1021, shall refer to

22  mediation, in circuits in which a family mediation program has

23  been established and upon a court finding of a dispute, shall

24  refer to mediation all or part of custody, visitation, or

25  other parental responsibility issues as defined in s. 61.13.

26  Upon motion or request of a party, a court shall not refer any

27  case to mediation if it finds there has been a history of

28  domestic violence that would compromise the mediation process.

29         (c)  Except as prohibited by s. 44.1021, may refer to

30  mediation, in circuits in which a dependency or in need of

31  services mediation program has been established, may refer to

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    Florida Senate - 1999                                  SB 1588
    13-1432-99




  1  mediation all or any portion of a matter relating to

  2  dependency or to a child in need of services or a family in

  3  need of services. Upon motion or request of a party, a court

  4  shall not refer any case to mediation if it finds there has

  5  been a history of domestic violence which would compromise the

  6  mediation process.

  7         (3)  Each party involved in a court-ordered mediation

  8  proceeding has a privilege to refuse to disclose, and to

  9  prevent any person present at the proceeding from disclosing,

10  communications made during such proceeding. This privilege

11  does not negate statutory or ethical duties of any person to

12  report abuse, neglect, abandonment, or exploitation; nor does

13  it prevent a mediator from notifying law enforcement agencies,

14  the intended victim, or the intended victim's parent or

15  guardian of any violence or threats of violence occurring

16  during mediation.  All oral or written communications in a

17  mediation proceeding, other than an executed settlement

18  agreement, shall be exempt from the requirements of chapter

19  119 and shall be confidential and inadmissible as evidence in

20  any subsequent legal proceeding, unless all parties agree

21  otherwise.

22         Section 2.  Section 44.1021, Florida Statutes, is

23  created to read:

24         44.1021  Court-ordered mediation when domestic violence

25  may be present.--

26         (1)  The existence of domestic violence poses serious

27  and significant challenges to participants, mediators, and the

28  courts. Violence and the treat of violence, as well as

29  elements of domination and control by one party over another

30  party, can endanger participants, mediators, and court

31  personnel, as well as undermine a successful and fair

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    Florida Senate - 1999                                  SB 1588
    13-1432-99




  1  mediation process. Because issues of domestic violence appear

  2  to be most prevalent in family and dependency cases, it is the

  3  intent of the Legislature that these cases receive additional

  4  screening and consideration. However, it is recognized that

  5  the same dynamics can occur in other civil cases, and thus a

  6  focus on family and dependency cases should not be interpreted

  7  to exclude other civil cases. It is the further intent of the

  8  Legislature that criminal charges of domestic violence not be

  9  referred to mediation.

10         (2)  Before referring or ordering a family case, a

11  dependency case, or a case involving a child in need of

12  services or a family in need of services to mediation, the

13  court shall assess whether domestic violence is or has been

14  present among the parties. To make such an assessment, the

15  court shall require all parties to report the existence of

16  domestic violence among the parties. In addition, the court

17  may consider whether there is:

18         (a)  An injunction for protection against domestic

19  violence or repeat violence by or against any party or the

20  children of any party;

21         (b)  A criminal history of domestic violence; and

22         (c)  Further information regarding domestic violence

23  which has come to the attention of the court and would inform

24  its decision on whether the case could proceed to mediation.

25         (3)  If the court has reason to believe that domestic

26  violence is or has been present, the court must not refer the

27  case to mediation unless:

28         (a)  The mediation is affirmatively requested by the

29  parties;

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    Florida Senate - 1999                                  SB 1588
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  1         (b)  The mediation will be provided by a certified

  2  mediator who is sufficiently trained in domestic violence

  3  cases;

  4         (c)  The mediator or mediation service has procedures

  5  to protect the victim from the alleged perpetrator in

  6  accordance with rules adopted by the Supreme Court; and

  7         (d)  The court has forwarded the results of its

  8  assessment to the mediator for review.

  9         Section 3.  Subsection (4) of section 44.201, Florida

10  Statutes, is amended to read:

11         44.201  Citizen Dispute Settlement Centers;

12  establishment; operation; confidentiality.--

13         (4)(a)  Each mediation session conducted by a Citizen

14  Dispute Settlement Center shall be nonjudicial and informal.

15  No adjudication, sanction, or penalty may be made or imposed

16  by the mediator or the center. It is the intent of the

17  Legislature that criminal charges of domestic violence not be

18  referred to mediation.

19         (b)  A Citizen Dispute Settlement Center may refer the

20  parties to judicial or nonjudicial supportive service

21  agencies.

22         Section 4.  This act shall take effect July 1, 1999.

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24            *****************************************

25                          SENATE SUMMARY

26    Provides that a court may not refer a case involving
      domestic violence to mediation except under specified
27    conditions. Provides legislative intent. Requires a court
      to assess whether domestic violence is present among the
28    parties. Provides factors that the court may consider in
      such assessment.
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