Senate Bill sb1226e1

CODING: Words stricken are deletions; words underlined are additions.




    CS for SB 1226 & CS for SB 734                 First Engrossed



  1                      A bill to be entitled

  2         An act relating to family court reform;

  3         creating the Commission on Family Law and

  4         Children to develop a family code; providing

  5         for membership and staffing commission;

  6         providing for repeal of the commission;

  7         creating s. 25.375, F.S.; authorizing the

  8         Supreme Court to create a system to identify

  9         cases relating to individuals and families

10         within the court system; amending s. 25.385,

11         F.S.; redefining the terms "domestic violence"

12         and "family or household member"; amending s.

13         39.013, F.S.; providing for modifying a court

14         order in a subsequent civil proceeding;

15         amending s. 39.0132, F.S.; providing for

16         limited admissibility of evidence in subsequent

17         civil proceedings; amending s. 39.502, F.S.,

18         relating to notice, process, and service;

19         conforming a cross-reference to changes made by

20         the act; amending s. 39.521, F.S.; providing

21         for modifying a court order in a subsequent

22         civil action or proceeding; amending s. 39.814,

23         F.S.; providing for limited admissibility of

24         evidence in subsequent civil proceedings;

25         amending s. 44.1011, F.S.; redefining the term

26         "family mediation"; providing definitions for

27         voluntary mediation and presuit mediation;

28         amending s. 44.1012, F.S., providing

29         legislative intent regarding continuum of

30         alternatives to litigation; creating s.

31         44.1025, F.S.; providing for confidentiality


                                  1

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1         concerning certain disclosures in presuit and

  2         voluntary mediations; amending s. 44.108, F.S.;

  3         increasing the service charge for modification

  4         of dissolution-of-marriage petitions to deposit

  5         moneys into state mediation and arbitration

  6         trust fund; requesting the supreme court to

  7         establish a process for filing and court

  8         approval of stipulated agreements without court

  9         appearances; creating s. 44.202, F.S.;

10         providing for the establishment of

11         presuit-mediation pilot programs and funding;

12         amending s. 61.13, F.S.; providing for the

13         court to determine matters relating to child

14         support in any proceeding under ch. 61, F.S.;

15         eliminating provisions authorizing the court to

16         award grandparents visitation rights; repealing

17         ss. 61.1302, 61.1304, 61.1306, 61.1308, 61.131,

18         61.1312, 61.1314, 61.1316, 61.1318, 61.132,

19         61.1322, 61.1324, 61.1326, 61.1328, 61.133,

20         61.1332, 61.1334, 61.1336, 61.1338, 61.134,

21         61.1342, 61.1344, 61.1346, 61.1348, F.S., the

22         "Uniform Child Custody Jurisdiction Act";

23         repealing s. 61.183, F.S., relating to

24         mediation of certain contested issues;

25         transferring and renumbering ss. 61.19, 61.191,

26         F.S., relating to entry of judgment of

27         dissolution of marriage and actions for

28         divorce; amending s. 61.21, F.S.; revising the

29         timeframe for completing a parenting course;

30         creating part IV of ch. 61, F.S., the "Uniform

31         Child Custody Jurisdiction and Enforcement


                                  2

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1         Act"; providing purposes of part IV of ch. 61,

  2         F.S.; providing definitions; providing for

  3         proceedings governed under other laws;

  4         providing for application to Indian tribes;

  5         providing for international application;

  6         providing for the effect of a determination of

  7         child custody; providing for expedited

  8         hearings; requiring notice to persons outside

  9         the state; providing for limited immunity;

10         providing for communications between courts;

11         authorizing the taking of testimony in another

12         state; requiring preservation of records;

13         providing for initial jurisdiction for

14         determining child custody; providing for

15         exclusive, continuing jurisdiction; providing

16         for jurisdiction to modify a determination;

17         providing for emergency temporary jurisdiction;

18         requiring notice; providing for an opportunity

19         to be heard; providing for joinder of parties;

20         providing for simultaneous proceedings;

21         authorizing the court to decline jurisdiction;

22         specifying the information to be submitted to

23         the court; providing for appearance of parties

24         and the child; providing for enforcement under

25         the Hague Convention; providing for temporary

26         visitation; requiring registration of a

27         determination of child custody; providing for

28         enforcement of a registered determination;

29         requiring expedited enforcement of a

30         determination of child custody; providing for a

31         hearing and court order; providing procedures


                                  3

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1         for obtaining a warrant to take physical

  2         custody of a child; providing for costs, fees,

  3         and expenses; providing for appeals; specifying

  4         duties of the state attorney and law

  5         enforcement officers; providing for application

  6         and construction of the act; providing for

  7         application of laws with respect to a motion

  8         filed before the effective date of the act;

  9         amending ss. 63.052, 63.087, 63.102, F.S.,

10         relating to adoption; conforming

11         cross-references to the Uniform Child Custody

12         Jurisdiction and Enforcement; transferring and

13         renumbering s. 741.24, F.S., relating to civil

14         actions against parents; amending s. 741.28,

15         F.S.; redefining the terms "domestic violence"

16         and "family household member"; amending s.

17         741.30, F.S.; providing for an order of

18         temporary custody, visitation, or support to

19         remain in effect until the court enters a

20         permanent order; repealing ss. 753.001,

21         753.002, 753.004, F.S., relating to the Florida

22         Family Visitation Network; creating ss. 753.01,

23         753.02, 753.03, 753.04, 753.05, 753.06, 753.07,

24         753.08, 753.09, F.S.; providing legislative

25         intent with respect to administering supervised

26         visitation programs; defining terms; providing

27         for the development of standards for the

28         certification of supervised visitation

29         programs; requiring compliance with interim

30         minimum standards; providing for security of

31         the supervised visitation programs; requiring


                                  4

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1         the Clearinghouse on Supervised Visitation to

  2         develop training materials; providing for the

  3         clearinghouse to develop and implement a

  4         mechanism for data collection; providing for

  5         the clearinghouse to develop standards for

  6         supervised visitation programs; requiring a

  7         report to the Legislature; amending s. 787.03,

  8         F.S., relating to interference with custody;

  9         conforming cross-references to changes in the

10         act; amending s. 943.135, F.S.; requiring the

11         Criminal Justice Standards and Training

12         Commission to allow agencies employing law

13         enforcement officers to authorize volunteer

14         service as a means of fulfilling requirements

15         for continuing education; amending s. 943.171,

16         F.S., relating to basic skills training for

17         handling domestic-violence cases to incorporate

18         cross-reference to revised definitions for

19         "domestic violence" and "family household

20         member"; creating s. 943.254, F.S.; authorizing

21         law enforcement agencies to administer a

22         volunteer program for officers to provide

23         security services during off-duty hours for

24         certain community programs; authorizing the

25         Department of Revenue and the Office of State

26         Courts Administrator to obtain authorization

27         for the courts to use specified funds for

28         mediation services; providing an appropriation

29         to conduct certain studies; providing

30         legislative intent with respect to the

31         development of a collaborative initiative with


                                  5

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1         social service agencies by circuit judges;

  2         providing for goals and elements of the

  3         collaborative initiative; requesting that the

  4         Supreme Court provide guidance to the circuit

  5         courts in developing the collaborative

  6         initiatives; requiring a report to the

  7         Legislature; requiring the Department of

  8         Juvenile Justice to organize an interagency

  9         workgroup; specifying the goals of the

10         interagency workgroup; requiring a report to

11         the Legislature on the accomplishments of the

12         interagency workgroup; providing for a

13         workgroup to develop an information system for

14         the unified family court model; providing for a

15         report to the Legislature; providing for

16         severability; providing an effective date.

17  

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

19  

20         Section 1.  Legislative Commission on Family Law and

21  Children; membership; advisory committee; staff; duties.--

22         (1)  There is created a Commission on Family Law and

23  Children, to be composed of six members as follows:  three

24  members of the Senate appointed by the President of the

25  Senate, to include the chair of the Senate Judiciary Committee

26  or its successor and the chair of the Senate Children and

27  Families Committee or its successor, and three members of the

28  House of Representatives appointed by the Speaker of the

29  House, to include the chair of the Judicial Oversight

30  Committee or its successor and the chair of the Child and

31  Family Security Committee or its successor.  The terms of


                                  6

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1  members shall be for 2 years and shall run from the

  2  organization of the one Legislature to the organization of the

  3  next Legislature.  Vacancies occurring during the interim

  4  period shall be filled in the same manner as the original

  5  appointment.  The President of the Senate shall appoint the

  6  chair in odd-numbered years and the Speaker of the House of

  7  Representatives shall appoint the chair in even-numbered

  8  years.  The Commission will be jointly staffed by the

  9  substantive committees of the House of Representatives and the

10  Senate.

11         (2)  The Commission on Family Law and Children is

12  authorized and directed to establish an advisory committee to

13  assist in carrying out the work of the commission.  Membership

14  of the advisory committee shall be determined by the

15  commission.

16         (3)  The commission shall meet at least quarterly and

17  more frequently at the direction of the presiding officers or

18  upon call of the chair.  The commission may conduct its

19  meetings through teleconferences or other similar means.

20         (4)  It is intended that the commission shall develop a

21  true family code, including, but not limited to, chapters 39,

22  61, 63, 88, 409, 741, 742, 743, 751, 752, 753, 984, and 985,

23  Florida Statutes.  Such a code shall be an internally

24  consistent body of law that would enable any individual to

25  locate the statutory requirements for any proceeding within

26  the unified family court's jurisdiction.

27         (5)  The commission shall stand repealed on June 30,

28  2007, unless reviewed and saved from repeal through

29  reenactment by the Legislature.

30         Section 2.  Section 25.375, Florida Statutes, is

31  created to read:


                                  7

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1         25.375  Identification of related cases.--The Supreme

  2  Court may create a unique identifier for each individual to

  3  identify all court cases related to that individual or his or

  4  her family previously or currently in the court system. The

  5  unique identifier must be the same for that individual in any

  6  court case. To create the unique identifier, the court may

  7  collect a portion of the individual's social security number

  8  or other personal identification information, such as the

  9  individual's date of birth. Until October 2, 2007, the state

10  courts system and the clerk of the court are authorized to

11  collect and use an individual's social security number solely

12  for the purpose of case management and identification of

13  related cases. Failure to provide a social security number for

14  this purpose shall not be grounds to deny any services,

15  rights, or remedies otherwise provided by law.

16         Section 3.  Subsection (2) of section 25.385, Florida

17  Statutes, is amended to read:

18         25.385  Standards for instruction of circuit and county

19  court judges in handling domestic violence cases.--

20         (2)  As used in this section:

21         (a)  The term "domestic violence" has the same meaning

22  ascribed in s. 741.28 means any assault, battery, sexual

23  assault, sexual battery, or any criminal offense resulting in

24  physical injury or death of one family or household member by

25  another, who is or was residing in the same single dwelling

26  unit.

27         (b)  "Family or household member" has the same meaning

28  ascribed in s. 741.28 means spouse, former spouse, persons

29  related by blood or marriage, persons who are presently

30  residing together, as if a family, or who have resided

31  together in the past, as if a family, and persons who have a


                                  8

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1  child in common regardless of whether they have been married

  2  or have presently residing together, as if a family, or who

  3  have resided together in the past, as if a family, and persons

  4  who have a child in common regardless of whether they have

  5  been married or have resided together at any time.

  6         Section 4.  Subsection (4) of section 39.013, Florida

  7  Statutes, is amended to read:

  8         39.013  Procedures and jurisdiction; right to

  9  counsel.--

10         (4)  Orders entered pursuant to this chapter which

11  affect the placement of, access to, parental time with, or

12  parental responsibility for a minor child The order of the

13  circuit court hearing dependency matters shall be filed by the

14  clerk of the court in any dissolution or other custody action

15  or proceeding and shall take precedence over other custody and

16  visitation orders entered in civil those actions or

17  proceedings. However, if the court has terminated

18  jurisdiction, such order may be subsequently modified by a

19  court of competent jurisdiction in any other civil action or

20  proceeding affecting placement of, access to, parental time

21  with, or parental responsibility for the same minor child, if

22  notice of the action or proceeding and opportunity to be heard

23  are given to the Department of Children and Family Services.

24         Section 5.  Subsection (6) of section 39.0132, Florida

25  Statutes, is amended and subsection (7) is added to that

26  section to read:

27         39.0132  Oaths, records, and confidential

28  information.--

29         (6)  No court record of proceedings under this chapter

30  shall be admissible in evidence in any other civil or criminal

31  proceeding, except that:


                                  9

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1         (a)  Orders permanently terminating the rights of a

  2  parent and committing the child to a licensed child-placing

  3  agency or the department for adoption shall be admissible in

  4  evidence in subsequent adoption proceedings relating to the

  5  child.

  6         (a)(b)  Records of proceedings under this chapter

  7  forming a part of the record on appeal shall be used in the

  8  appellate court in the manner hereinafter provided.

  9         (b)(c)  Records necessary therefor shall be admissible

10  in evidence in any case in which a person is being tried upon

11  a charge of having committed perjury.

12         (c)(d)  Records of proceedings under this chapter may

13  be used to prove disqualification pursuant to s. 435.06 and

14  for proof regarding such disqualification in a chapter 120

15  proceeding.

16         (e)  Orders permanently and involuntarily terminating

17  the rights of a parent shall be admissible as evidence in

18  subsequent termination of parental rights proceedings for a

19  sibling of the child for whom parental rights were terminated.

20         (d)  Final orders entered pursuant to an adjudicatory

21  hearing shall be admissible in evidence in any subsequent

22  civil proceeding relating to placement of, access to, parental

23  time with, or parental responsibility for the same child or

24  sibling of that child.

25         (e)  Evidence admitted in any proceeding under this

26  chapter may be admissible in evidence when offered by any

27  party in any subsequent civil proceeding relating to placement

28  of, access to, parental time with, or parental responsibility

29  for the same child or sibling of that child, provided that:

30         1.  Notice is given to the opposing party or opposing

31  party's counsel of the intent to offer the evidence and a copy


                                  10

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1  of such evidence is delivered to the opposing party or the

  2  opposing party's counsel.

  3         2.  The evidence is otherwise admissible in the

  4  subsequent civil proceeding.

  5         (7)  Final orders, records, and evidence in any

  6  proceeding under this chapter which are subsequently admitted

  7  in evidence pursuant to subsection (6) are still subject to

  8  the provisions of subsections (3) and (4).

  9         Section 6.  Subsection (7) of section 39.502, Florida

10  Statutes, is amended to read:

11         39.502  Notice, process, and service.--

12         (7)  Service of the summons and service of pleadings,

13  papers, and notices subsequent to the summons on persons

14  outside this state must be made pursuant to s. 61.509 s.

15  61.1312.

16         Section 7.  Subsection (3) of section 39.521, Florida

17  Statutes, is amended to read:

18         39.521  Disposition hearings; powers of disposition.--

19         (3)  When any child is adjudicated by a court to be

20  dependent, the court shall determine the appropriate placement

21  for the child as follows:

22         (a)  If the court determines that the child can safely

23  remain in the home with the parent with whom the child was

24  residing at the time the events or conditions arose that

25  brought the child within the jurisdiction of the court and

26  that remaining in this home is in the best interest of the

27  child, then the court shall order conditions under which the

28  child may remain or return to the home and that this placement

29  be under the protective supervision of the department for not

30  less than 6 months.

31  


                                  11

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1         (b)  If there is a parent with whom the child was not

  2  residing at the time the events or conditions arose that

  3  brought the child within the jurisdiction of the court who

  4  desires to assume custody of the child, the court shall place

  5  the child with that parent upon completion of a home study,

  6  unless the court finds that such placement would endanger the

  7  safety, well-being, or physical, mental, or emotional health

  8  of the child. Any party with knowledge of the facts may

  9  present to the court evidence regarding whether the placement

10  will endanger the safety, well-being, or physical, mental, or

11  emotional health of the child. If the court places the child

12  with such parent, it may do either of the following:

13         1.  Order that the parent assume sole custodial

14  responsibilities for the child. The court may also provide for

15  reasonable visitation by the noncustodial parent. The court

16  may then terminate its jurisdiction over the child. The

17  custody order shall take precedence over other orders that

18  effect placement of, access to, parental time with, or

19  parental responsibility for a minor child continue unless

20  modified by a subsequent order of the circuit court hearing

21  dependency matters. The order of the circuit court hearing

22  dependency matters shall be filed in any dissolution or other

23  custody action or proceeding between the parents and shall

24  take precedence over other custody and visitation orders

25  entered in civil those actions or proceedings. However, if the

26  court terminates jurisdiction, such order may be subsequently

27  modified by a court of competent jurisdiction in any other

28  civil action or proceeding affecting placement of, access to,

29  parental time with, or parental responsibility for the same

30  minor child, if notice of the action or proceeding and

31  


                                  12

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1  opportunity to be heard are given to the Department of

  2  Children and Family Services.

  3         2.  Order that the parent assume custody subject to the

  4  jurisdiction of the circuit court hearing dependency matters.

  5  The court may order that reunification services be provided to

  6  the parent from whom the child has been removed, that services

  7  be provided solely to the parent who is assuming physical

  8  custody in order to allow that parent to retain later custody

  9  without court jurisdiction, or that services be provided to

10  both parents, in which case the court shall determine at every

11  review hearing which parent, if either, shall have custody of

12  the child. The standard for changing custody of the child from

13  one parent to another or to a relative or another adult

14  approved by the court shall be the best interest of the child.

15         (c)  If no fit parent is willing or available to assume

16  care and custody of the child, place the child in the

17  temporary legal custody of an adult relative or other adult

18  approved by the court who is willing to care for the child,

19  under the protective supervision of the department. The

20  department must supervise this placement until the child

21  reaches permanency status in this home, and in no case for a

22  period of less than 6 months. Permanency in a relative

23  placement shall be by adoption, long-term custody, or

24  guardianship.

25         (d)  If the child cannot be safely placed in a

26  nonlicensed placement, the court shall commit the child to the

27  temporary legal custody of the department. Such commitment

28  invests in the department all rights and responsibilities of a

29  legal custodian. The department shall not return any child to

30  the physical care and custody of the person from whom the

31  child was removed, except for court-approved visitation


                                  13

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1  periods, without the approval of the court. The term of such

  2  commitment continues until terminated by the court or until

  3  the child reaches the age of 18. After the child is committed

  4  to the temporary legal custody of the department, all further

  5  proceedings under this section are governed by this chapter.

  6  

  7  Protective supervision continues until the court terminates it

  8  or until the child reaches the age of 18, whichever date is

  9  first. Protective supervision shall be terminated by the court

10  whenever the court determines that permanency has been

11  achieved for the child, whether with a parent, another

12  relative, or a legal custodian, and that protective

13  supervision is no longer needed. The termination of

14  supervision may be with or without retaining jurisdiction, at

15  the court's discretion, and shall in either case be considered

16  a permanency option for the child. The order terminating

17  supervision by the department shall set forth the powers of

18  the custodian of the child and shall include the powers

19  ordinarily granted to a guardian of the person of a minor

20  unless otherwise specified. Upon the court's termination of

21  supervision by the department, no further judicial reviews are

22  required, so long as permanency has been established for the

23  child.

24         Section 8.  Subsection (6) of section 39.814, Florida

25  Statutes, is amended and subsection (7) is added to that

26  section to read:

27         39.814  Oaths, records, and confidential information.--

28         (6)  No court record of proceedings under this part

29  shall be admissible in evidence in any other civil or criminal

30  proceeding, except that:

31  


                                  14

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1         (a)  Orders terminating the rights of a parent are

  2  admissible in evidence in subsequent adoption proceedings

  3  relating to the child and in subsequent termination of

  4  parental rights proceedings concerning a sibling of the child.

  5         (a)(b)  Records of proceedings under this part forming

  6  a part of the record on appeal shall be used in the appellate

  7  court in the manner hereinafter provided.

  8         (b)(c)  Records necessary therefor shall be admissible

  9  in evidence in any case in which a person is being tried upon

10  a charge of having committed perjury.

11         (c)  Final orders entered pursuant to an adjudicatory

12  hearing shall be admissible in evidence in any subsequent

13  civil proceeding relating to placement of, access to, parental

14  time with, or parental responsibility for the same child or

15  sibling of that child.

16         (d)  Evidence admitted in evidence in any proceeding

17  under this part may be admissible in evidence when offered by

18  any party in any subsequent civil proceeding relating to

19  placement of, access to, parental time with or parental

20  responsibility for the same child or sibling of that child,

21  provided that:

22         1.  Notice is given to the opposing party or opposing

23  party's counsel of the intent to offer the evidence and a copy

24  of such evidence is delivered to the opposing party or

25  opposing party's counsel.

26         2.  The evidence is otherwise admissible in the

27  subsequent civil proceeding.

28         (7)  Final orders, records, and evidence in any

29  proceeding under this part which are subsequently admitted in

30  evidence pursuant to subsection (6) are still subject to the

31  provisions of subsection (3) and (4).


                                  15

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1         Section 9.  Subsections (1) and (3) of section 39.902,

  2  Florida Statutes, are amended to read:

  3         39.902  Definitions.--As used in this part, the term:

  4         (1)  "Domestic violence" has the same meaning ascribed

  5  in s. 741.28 means any assault, battery, sexual assault,

  6  sexual battery, or any criminal offense resulting in physical

  7  injury or death of one family or household member by another

  8  who is or was residing in the same single dwelling unit.

  9         (3)  "Family or household member" has the same meaning

10  ascribed in s. 741.28 means spouses, former spouses, adults

11  related by blood or marriage, persons who are presently

12  residing together as if a family or who have resided together

13  in the past as if a family, and persons who have a child in

14  common regardless of whether they have been married or have

15  resided together at any time.

16         Section 10.  Subsection (2) of section 44.1011, Florida

17  Statutes, is amended to read:

18         44.1011  Definitions.--As used in this chapter:

19         (2)  "Mediation" means a process whereby a neutral

20  third person called a mediator acts to encourage and

21  facilitate the resolution of a dispute between two or more

22  parties.  It is an informal and nonadversarial process with

23  the objective of helping the disputing parties reach a

24  mutually acceptable and voluntary agreement.  In mediation,

25  decisionmaking authority rests with the parties.  The role of

26  the mediator includes, but is not limited to, assisting the

27  parties in identifying issues, fostering joint problem

28  solving, and exploring settlement alternatives. "Mediation"

29  includes:

30         (a)  "Appellate court mediation," which means mediation

31  that occurs during the pendency of an appeal of a civil case.


                                  16

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1         (b)  "Circuit court mediation," which means mediation

  2  of civil cases, other than family matters, in circuit court.

  3  If a party is represented by counsel, the counsel of record

  4  must appear unless stipulated to by the parties or otherwise

  5  ordered by the court.

  6         (c)  "County court mediation," which means mediation of

  7  civil cases within the jurisdiction of county courts,

  8  including small claims. Negotiations in county court mediation

  9  are primarily conducted by the parties. Counsel for each party

10  may participate. However, presence of counsel is not required.

11         (d)  "Family mediation" which means mediation of family

12  matters, including married and unmarried persons, before and

13  after judgments involving dissolution of marriage; property

14  division; paternity; adoption; emancipation of a minor; shared

15  or sole parental responsibility; or child support, custody,

16  and visitation involving emotional or financial considerations

17  not usually present in other circuit civil cases. Negotiations

18  in family mediation are primarily conducted by the parties.

19  Counsel for each party may attend the mediation conference and

20  privately communicate with their clients.  However, presence

21  of counsel is not required, and, in the discretion of the

22  mediator, and with the agreement of the parties, mediation may

23  proceed in the absence of counsel unless otherwise ordered by

24  the court.

25         (e)  "Dependency or in need of services mediation,"

26  which means mediation of dependency, child in need of

27  services, or family in need of services matters. Negotiations

28  in dependency or in need of services mediation are primarily

29  conducted by the parties. Counsel for each party may attend

30  the mediation conference and privately communicate with their

31  clients. However, presence of counsel is not required and, in


                                  17

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1  the discretion of the mediator and with the agreement of the

  2  parties, mediation may proceed in the absence of counsel

  3  unless otherwise ordered by the court.

  4         (f)  "Voluntary mediation," which means mediation of

  5  any matters as provided in paragraphs (d) and (e) if a court

  6  has not referred the matter to mediation but the parties agree

  7  to submit to mediation after the initiation of any legal

  8  proceeding.

  9         (g)  "Presuit mediation," which means mediation of any

10  matters as provided in paragraph (d) which are in dispute and

11  for which the persons disputing the matters agree to submit to

12  mediation before the initiation of any legal proceeding.

13         Section 11.  Section 44.1012, Florida Statutes, is

14  created to read:

15         44.1012  Continuum of alternatives to litigation;

16  legislative intent.--It is the intent of the Legislature that

17  a range of alternatives to judicial action be available to

18  families in order to reduce the level of costly court

19  intervention required to resolve disputes. Communities, with

20  the involvement of the courts, are encouraged to provide

21  families with a continuum of options that educate and assist

22  parents and children with conflict dispute resolution prior to

23  and after judicial intervention.

24         Section 12.  Section 44.1025, Florida Statutes, is

25  created to read:

26         44.1025  Presuit and voluntary mediation.--

27         (1)  All oral or written communications or documents,

28  including the written documents of a mediator, other than an

29  executed settlement agreement, in a presuit or voluntary

30  mediation proceeding shall be confidential and inadmissible as

31  evidence in any subsequent legal proceeding, unless all


                                  18

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1  participants to the presuit mediation or all parties to the

  2  voluntary mediation otherwise agree.

  3         (2)  Each participant to a presuit mediation or any

  4  party to a voluntary mediation has a privilege to refuse to

  5  disclose and to prevent another person from disclosing

  6  communications made during or for the purpose of mediation,

  7  except as provided in subsection (3). A participant to a

  8  presuit mediation or party to a voluntary mediation does not

  9  include a mediator, counsel for a participant or party, or

10  anyone hired by the participant or party to assist in the

11  mediation process.

12         (3)  There shall be no privilege and no restriction on

13  any disclosure of oral or written communications made

14  confidential in subsection (2) for:

15         (a)  Communications concerning abuse, neglect, or

16  exploitation of any person for which the law requires a

17  mandatory report.

18         (b)  Evidence of acts or threats of physical violence.

19         (c)  Professional misconduct committed during the

20  mediation. In such cases, the disclosure of an otherwise

21  privileged communication shall be used only for the internal

22  use of the body conducting the investigation. Prior to the

23  release of any disciplinary files to the public, all

24  references to otherwise privileged communications shall be

25  deleted from the record. When an otherwise confidential

26  communication is used in a disciplinary proceeding, the

27  communication shall be inadmissible as evidence in any

28  subsequent legal proceeding. As used in this paragraph, the

29  term "subsequent legal proceeding" means any legal proceeding

30  between the parties to the mediation which follows the presuit

31  or voluntary mediation.


                                  19

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1         (4)  Admission of evidence under subsection (3) does

  2  not render the evidence or any other mediation communication

  3  discoverable or admissible for any other purpose.

  4         (5)  Evidence or information which is otherwise

  5  admissible or subject to discovery does not become

  6  inadmissible or protected from discovery solely by reason of

  7  its disclosure or use in mediation.

  8         Section 13.  Section 44.108, Florida Statutes, as

  9  amended by section 8 of chapter 2001-122, Laws of Florida, is

10  amended to read:

11         44.108  Funding of mediation and

12  arbitration.--Mediation should be accessible to all parties

13  regardless of financial status.

14         (1)  Each board of county commissioners may support

15  mediation and arbitration services by appropriating moneys

16  from county revenues and by:

17         (a)(1)  Levying, in addition to other service charges

18  levied by law, a service charge of no more than $5 on any

19  circuit court proceeding, which shall be deposited in the

20  court's mediation-arbitration account fund under the

21  supervision of the chief judge of the circuit in which the

22  county is located; and

23         (b)(2)  Levying, in addition to other service charges

24  levied by law, a service charge of no more than $5 on any

25  county court proceeding, which shall be deposited in the

26  county's mediation-arbitration account fund to be used to fund

27  county civil mediation services under the supervision of the

28  chief judge of the circuit in which the county is located.

29         (c)  If a board of county commissioners levies the

30  service charge authorized in paragraph (a) or paragraph (b),

31  the clerk of the court shall forward $1 of each charge to the


                                  20

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1  Department of Revenue for deposit in the state mediation and

  2  arbitration trust fund. Such fund shall be used by the Supreme

  3  Court to carry out its responsibilities set forth in s.

  4  44.106.

  5         (2)(3)  A fee of $65 is levied Levying, in addition to

  6  other service charges levied by law, a service charge of no

  7  more than $45 on any petition for a modification of a final

  8  judgment of dissolution and shall be deposited as follows:

  9         (a)  Forty-four dollars, which shall be deposited in

10  the court's family mediation account fund to be used to fund

11  family mediation services under the supervision of the chief

12  judge of the circuit in which the county is located.

13         (b)  Twenty dollars shall be forwarded to the

14  Department of Revenue for deposit in the state mediation and

15  arbitration trust fund, which shall be used by the Supreme

16  Court to carry out its responsibilities set forth in s.

17  44.202.

18         (c)  One dollar shall be forwarded to the Department of

19  Revenue for deposit in the state mediation and arbitration

20  trust fund, which shall be used by the Supreme Court to carry

21  out its responsibilities set forth in s. 44.106.

22         (4)  If a board of county commissioners levies the

23  service charge authorized in subsection (1), subsection (2),

24  or subsection (3), the clerk of the court shall forward $1 of

25  each charge to the Department of Revenue for deposit in the

26  state mediation and arbitration trust fund which is hereby

27  established.  Such fund shall be used by the Supreme Court to

28  carry out its responsibilities set forth in s. 44.106.

29         Section 14.  The Legislature requests that the Supreme

30  Court establish a formal process that encourages and

31  facilitates the filing of stipulated agreements in


                                  21

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1  post-judgment family-law matters; such process should

  2  facilitate consideration of the stipulated agreement by the

  3  court without necessitating an appearance before the court.

  4  This process should provide notice to the parties regarding

  5  their right to a hearing, include safeguards to prevent the

  6  filing or acceptance of agreements reached under duress or

  7  coercion, and provide for a hearing if the court determines

  8  that such a hearing is necessary.

  9         Section 15.  Section 44.202, Florida Statutes, is

10  created to read:

11         44.202  Presuit mediation pilot programs.--

12         (1)  The Supreme Court shall use funds as designated

13  under s. 44.108(2) to provide court-ordered family mediation

14  and to establish presuit-mediation pilot programs. At the

15  discretion of the Supreme Court, up to 50 percent of these

16  designated funds may be used to ensure that court-ordered

17  family mediation is available in each of the circuits. The

18  Supreme Court's use of these designated funds is contingent

19  upon the court's establishment of a formal process that allows

20  for the court filing and approval of stipulated agreements

21  without the need for court appearances by the parties.

22         (2)  The purposes of these presuit-mediation pilot

23  programs are to:

24         (a)  Encourage mediation prior to the court filing of a

25  supplemental petition to modify or a motion to enforce a final

26  judgment involving dissolution of marriage, paternity, spousal

27  support, parental responsibility, child support, custody, and

28  visitation.

29         (b)  Facilitate the court filing and approval of

30  mediated agreements of such family-law matters.

31  


                                  22

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1         (c)  Minimize the need for court appearances arising

  2  from modification or enforcement of final judgments involving

  3  such family-law matters.

  4         (3)  The presuit-mediation pilot programs shall:

  5         (a)  Incorporate and use the same formal process that

  6  the Supreme Court establishes for the court filing and

  7  approval of stipulated agreements without the need for court

  8  appearances by the parties.

  9         (b)  Provide families with the opportunity to mediate a

10  disputed family-law matter before filing a supplemental

11  petition to modify or a motion to enforce a final judgment and

12  to obtain court approval of a mediated agreement on such

13  matters without the need for a court appearance.

14         (c)  Offer voluntary participation in the program to

15  persons, particularly those who would not otherwise be able to

16  afford mediation, in these family-law matters.

17         (d)  Exclude cases involving judgments entered pursuant

18  to chapter 741.

19         (4)  Each person participating in a mediation pursuant

20  to this section shall be given an executed copy of the

21  mediated agreement. Each person has the right to request a

22  hearing on the supplemental petition to modify a final

23  judgment or motion to enforce a final judgment. Each person

24  shall also be provided with the opportunity to waive his or

25  her right to a hearing and to consent in writing to the entry

26  of mediated agreement without a hearing.

27         (5)  The court, in its discretion, may enter an order

28  approving a mediated agreement pursuant to a presuit-mediation

29  pilot program without requiring a court appearance by the

30  parties, subject to subsection (4). If the mediated agreement

31  is approved, the agreement shall be made a part of the order.


                                  23

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1         (6)  The provisions of s. 44.1025 apply to mediations

  2  conducted pursuant to this section.

  3         (7)  The Office of the State Courts Administrator shall

  4  evaluate the presuit-mediation pilot programs.  The evaluation

  5  shall include, but not be limited to: the use of the pilot

  6  programs; the issues mediated; the number of mediated

  7  agreements reached; the number of mediated agreements adopted

  8  by the court, with and without a court appearance; the number

  9  of court hearings avoided; and an estimated amount of court

10  time saved.  A report on the evaluation of the

11  presuit-mediation pilot programs shall be submitted to the

12  President of the Senate and the Speaker of the House of

13  Representatives by December 31, 2004.

14         Section 16.  Paragraph (a) of subsection (1) and

15  paragraph (b) of subsection (2) of section 61.13, Florida

16  Statutes, are amended to read:

17         61.13  Custody and support of children; visitation

18  rights; power of court in making orders.--

19         (1)(a)  In a proceeding under this chapter for

20  dissolution of marriage, the court has jurisdiction to

21  determine all matters relating to child support may at any

22  time order either or both parents who owe a duty of support to

23  a child to pay support in accordance with the guidelines in s.

24  61.30.  The court initially entering an order requiring one or

25  both parents to make child support payments shall have

26  continuing jurisdiction after the entry of the initial order

27  to modify the amount and terms and conditions of the child

28  support payments when the modification is found necessary by

29  the court in the best interests of the child, when the child

30  reaches majority, or when there is a substantial change in the

31  circumstances of the parties.  The court initially entering a


                                  24

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1  child support order shall also have continuing jurisdiction to

  2  require the obligee to report to the court on terms prescribed

  3  by the court regarding the disposition of the child support

  4  payments.

  5         (2)

  6         (b)1.  The court shall determine all matters relating

  7  to custody of each minor child of the parties in accordance

  8  with the best interests of the child and in accordance with

  9  the Uniform Child Custody Jurisdiction and Enforcement Act. It

10  is the public policy of this state to assure that each minor

11  child has frequent and continuing contact with both parents

12  after the parents separate or the marriage of the parties is

13  dissolved and to encourage parents to share the rights and

14  responsibilities, and joys, of childrearing. After considering

15  all relevant facts, the father of the child shall be given the

16  same consideration as the mother in determining the primary

17  residence of a child irrespective of the age or sex of the

18  child.

19         2.  The court shall order that the parental

20  responsibility for a minor child be shared by both parents

21  unless the court finds that shared parental responsibility

22  would be detrimental to the child. Evidence that a parent has

23  been convicted of a felony of the third degree or higher

24  involving domestic violence, as defined in s. 741.28 and

25  chapter 775, or meets the criteria of s. 39.806(1)(d), creates

26  a rebuttable presumption of detriment to the child. If the

27  presumption is not rebutted, shared parental responsibility,

28  including visitation, residence of the child, and decisions

29  made regarding the child, may not be granted to the convicted

30  parent. However, the convicted parent is not relieved of any

31  obligation to provide financial support. If the court


                                  25

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1  determines that shared parental responsibility would be

  2  detrimental to the child, it may order sole parental

  3  responsibility and make such arrangements for visitation as

  4  will best protect the child or abused spouse from further

  5  harm. Whether or not there is a conviction of any offense of

  6  domestic violence or child abuse or the existence of an

  7  injunction for protection against domestic violence, the court

  8  shall consider evidence of domestic violence or child abuse as

  9  evidence of detriment to the child.

10         a.  In ordering shared parental responsibility, the

11  court may consider the expressed desires of the parents and

12  may grant to one party the ultimate responsibility over

13  specific aspects of the child's welfare or may divide those

14  responsibilities between the parties based on the best

15  interests of the child. Areas of responsibility may include

16  primary residence, education, medical and dental care, and any

17  other responsibilities that the court finds unique to a

18  particular family.

19         b.  The court shall order "sole parental

20  responsibility, with or without visitation rights, to the

21  other parent when it is in the best interests of" the minor

22  child.

23         c.  The court may award the grandparents visitation

24  rights with a minor child if it is in the child's best

25  interest. Grandparents have legal standing to seek judicial

26  enforcement of such an award. This section does not require

27  that grandparents be made parties or given notice of

28  dissolution pleadings or proceedings, nor do grandparents have

29  legal standing as "contestants" as defined in s. 61.1306. A

30  court may not order that a child be kept within the state or

31  


                                  26

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1  jurisdiction of the court solely for the purpose of permitting

  2  visitation by the grandparents.

  3         3.  Access to records and information pertaining to a

  4  minor child, including, but not limited to, medical, dental,

  5  and school records, may not be denied to a parent because the

  6  parent is not the child's primary residential parent. Full

  7  rights under this subparagraph apply to either parent unless a

  8  court order specifically revokes these rights, including any

  9  restrictions on these rights as provided in a domestic

10  violence injunction. A parent having rights under this

11  subparagraph has the same rights upon request as to form,

12  substance, and manner of access as are available to the other

13  parent of a child, including, without limitation, the right to

14  in-person communication with medical, dental, and education

15  providers.

16         Section 17.  The "Uniform Child Custody Jurisdiction

17  Act," consisting of sections 61.1302, 61.1304, 61.1306,

18  61.1308, 61.131, 61.1312, 61.1314, 61.1316, 61.1318, 61.132,

19  61.1322, 61.1324, 61.1326, 61.1328, 61.133, 61.1332, 61.1334,

20  61.1336, 61.1338, 61.134, 61.1342, 61.1344, 61.1346, and

21  61.1348, Florida Statutes, is repealed.

22         Section 18.  Section 61.183, Florida Statutes, is

23  repealed.

24         Section 19.  Sections 61.19 and 61.191, Florida

25  Statutes, are transferred and renumbered as sections 61.053

26  and 61.054, respectively.

27         Section 20.  Subsections (3) and (4) of section 61.21,

28  Florida Statutes, are amended to read:

29         61.21  Parenting course authorized; fees; required

30  attendance authorized; contempt.--

31  


                                  27

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1         (3)  All parties to a dissolution of marriage

  2  proceeding with minor children or a paternity action which

  3  involves issues of parental responsibility shall be required

  4  to complete the Parent Education and Family Stabilization

  5  Course prior to the entry by the court of a final judgment.

  6  The court may excuse a party from attending the parenting

  7  course or meeting the required timeframe for completing the

  8  course for good cause.

  9         (4)  All parties required to complete a parenting

10  course under this section shall begin the course as

11  expeditiously as possible after filing for dissolution of

12  marriage or paternity. Unless excused by the court pursuant to

13  subsection (3), the petitioner in the action must complete the

14  course within 45 days after filing the petition and all other

15  parties to the action must complete the course within 45 days

16  after service of the petition. Each party and shall file proof

17  of compliance with the court prior to the entry of the final

18  judgment.

19         Section 21.  Part IV of chapter 61, Florida Statutes,

20  consisting of sections 61.501, 61.502, 61.503, 61.504, 61.505,

21  61.506, 61.507, 61.508, 61.509, 61.510, 61.511, 61.512,

22  61.513, 61.514, 61.515, 61.516, 61.517, 61.518, 61.519,

23  61.520, 61.521, 61.522, 61.523, 61.524, 61.525, 61.526,

24  61.527, 61.528, 61.529, 61.530, 61.531, 61.532, 61.533,

25  61.534, 61.535, 61.536, 61.537, 61.538, 61.539, 61.540,

26  61.541, and 61.542, Florida Statutes, is created to read:

27         61.501  Short title.--This part may be cited as the

28  "Uniform Child Custody Jurisdiction and Enforcement Act."

29         61.502  Purposes of part; construction of

30  provisions.--The general purposes of this part are to:

31  


                                  28

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1         (1)  Avoid jurisdictional competition and conflict with

  2  courts of other states in matters of child custody which have

  3  in the past resulted in the shifting of children from state to

  4  state with harmful effects on their well-being.

  5         (2)  Promote cooperation with the courts of other

  6  states to the end that a custody decree is rendered in the

  7  state that can best decide the case in the interest of the

  8  child.

  9         (3)  Discourage the use of the interstate system for

10  continuing controversies over child custody.

11         (4)  Deter abductions.

12         (5)  Avoid relitigating the custody decisions of other

13  states in this state.

14         (6)  Facilitate the enforcement of custody decrees of

15  other states.

16         (7)  Promote and expand the exchange of information and

17  other forms of mutual assistance between the courts of this

18  state and those of other states concerned with the same child.

19         (8)  Make uniform the law with respect to the subject

20  of this part among the states enacting it.

21         61.503  Definitions.--As used in this part, the term:

22         (1)  "Abandoned" means left without provision for

23  reasonable and necessary care or supervision.

24         (2)  "Child" means an individual who has not attained

25  18 years of age.

26         (3)  "Child custody determination" means a judgment,

27  decree, or other order of a court providing for the legal

28  custody, physical custody, residential care, or visitation

29  with respect to a child. The term includes a permanent,

30  temporary, initial, and modification order. The term does not

31  


                                  29

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1  include an order relating to child support or other monetary

  2  obligation of an individual.

  3         (4)  "Child custody proceeding" means a proceeding in

  4  which legal custody, physical custody, residential care or

  5  visitation with respect to a child is an issue. The term

  6  includes a proceeding for divorce, separation, neglect, abuse,

  7  dependency, guardianship, paternity, termination of parental

  8  rights, and protection from domestic violence, in which the

  9  issue may appear. The term does not include a proceeding

10  involving juvenile delinquency, contractual emancipation, or

11  enforcement under ss. 61.524-61.540.

12         (5)  "Commencement" means the filing of the first

13  pleading in a proceeding.

14         (6)  "Court" means an entity authorized under the laws

15  of a state to establish, enforce, or modify a child custody

16  determination.

17         (7)  "Home state" means the state in which a child

18  lived with a parent or a person acting as a parent for at

19  least 6 consecutive months immediately before the commencement

20  of a child custody proceeding. In the case of a child younger

21  than 6 months of age, the term means the state in which the

22  child lived from birth with any of the persons mentioned. A

23  period of temporary absence of any of the mentioned persons is

24  part of the period.

25         (8)  "Initial determination" means the first child

26  custody determination concerning a particular child.

27         (9)  "Issuing court" means the court that makes a child

28  custody determination for which enforcement is sought under

29  this part.

30         (10)  "Issuing state" means the state in which a child

31  custody determination is made.


                                  30

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1         (11)  "Modification" means a child custody

  2  determination that changes, replaces, supersedes, or is

  3  otherwise made after a previous determination concerning the

  4  same child, regardless of whether it is made by the court that

  5  made the previous determination.

  6         (12)  "Person" means an individual, corporation,

  7  business trust, estate, trust, partnership, limited liability

  8  company, association, joint venture, or government;

  9  governmental subdivision, agency, instrumentality, or public

10  corporation; or any other legal or commercial entity.

11         (13)  "Person acting as a parent" means a person, other

12  than a parent, who:

13         (a)  Has physical custody of the child or has had

14  physical custody for a period of 6 consecutive months,

15  including any temporary absence, within 1 year immediately

16  before the commencement of a child custody proceeding; and

17         (b)  Has been awarded a child-custody determination by

18  a court or claims a right to a child-custody determination

19  under the laws of this state.

20         (14)  "Physical custody" means the physical care and

21  supervision of a child.

22         (15)  "State" means a state of the United States, the

23  District of Columbia, Puerto Rico, the United States Virgin

24  Islands, or any territory or insular possession subject to the

25  jurisdiction of the United States.

26         (16)  "Tribe" means an Indian tribe, or band, or

27  Alaskan Native village that is recognized by federal law or

28  formally acknowledged by a state.

29         (17)  "Warrant" means an order issued by a court

30  authorizing law enforcement officers to take physical custody

31  of a child.


                                  31

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1         61.504  Proceedings governed by other law.--This part

  2  does not govern a proceeding pertaining to the authorization

  3  of emergency medical care for a child.

  4         61.505  Application to Indian tribes.--

  5         (1)  A child custody proceeding that pertains to an

  6  Indian child, as defined in the Indian Child Welfare Act, 25

  7  U.S.C. s. 1901 et seq., is not subject to this part to the

  8  extent that it is governed by the Indian Child Welfare Act.

  9         (2)  A court of this state shall treat a tribe as if it

10  were a state of the United States for purposes of applying ss.

11  61.501-61.523.

12         (3)  A child custody determination made by a tribe

13  under factual circumstances in substantial conformity with the

14  jurisdictional standards of this part must be recognized and

15  enforced under ss. 61.524-61.540.

16         61.506  International application of part.--

17         (1)  A court of this state shall treat a foreign

18  country as if it were a state of the United States for

19  purposes of applying ss. 61.501-61.523.

20         (2)  Except as otherwise provided in subsection (3), a

21  child custody determination made in a foreign country under

22  factual circumstances in substantial conformity with the

23  jurisdictional standards of this part must be recognized and

24  enforced under ss. 61.524-61.540.

25         (3)  A court of this state need not apply this part if

26  the child custody law of a foreign country violates

27  fundamental principles of human rights.

28         61.507  Effect of child custody determination.--A child

29  custody determination made by a court of this state which had

30  jurisdiction under this part binds all persons who have been

31  served in accordance with the laws of this state or notified


                                  32

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1  in accordance with s. 61.509 or who have submitted to the

  2  jurisdiction of the court, and who have been given an

  3  opportunity to be heard. As to those persons, the

  4  determination is conclusive as to all decided issues of law

  5  and fact except to the extent the determination is modified.

  6         61.508  Priority.--If a question of existence or

  7  exercise of jurisdiction under this part is raised in a child

  8  custody proceeding, the question, upon request of a party,

  9  must be given priority on the calendar and handled

10  expeditiously.

11         61.509  Notice to persons outside the state.--

12         (1)  Notice required for the exercise of jurisdiction

13  when a person is outside this state may be given in a manner

14  prescribed by the laws of the state in which the service is

15  made. Notice must be given in a manner reasonably calculated

16  to give actual notice, but may be made by publication if other

17  means are not effective.

18         (2)  Proof of service may be made in the manner

19  prescribed by the laws of the state in which the service is

20  made.

21         (3)  Notice is not required for the exercise of

22  jurisdiction with respect to a person who submits to the

23  jurisdiction of the court.

24         61.510  Appearance and limited immunity.--

25         (1)  A party to a child custody proceeding, including a

26  modification proceeding, or a petitioner or respondent in a

27  proceeding to enforce or register a child custody

28  determination, is not subject to personal jurisdiction in this

29  state for another proceeding or purpose solely by reason of

30  having participated, or of having been physically present for

31  the purpose of participating, in the proceeding.


                                  33

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1         (2)  A person who is subject to personal jurisdiction

  2  in this state on a basis other than physical presence is not

  3  immune from service of process in this state. A party present

  4  in this state who is subject to the jurisdiction of another

  5  state is not immune from service of process allowable under

  6  the laws of that state.

  7         (3)  The immunity granted by subsection (1) does not

  8  extend to civil litigation based on an act unrelated to the

  9  participation in a proceeding under this part which was

10  committed by an individual while present in this state.

11         61.511  Communication between courts.--

12         (1)  A court of this state may communicate with a court

13  in another state concerning a proceeding arising under this

14  part.

15         (2)  The court shall allow the parties to participate

16  in the communication. If the parties elect to participate in

17  the communication, they must be given the opportunity to

18  present facts and legal arguments before a decision on

19  jurisdiction is made.

20         (3)  Communication between courts on schedules,

21  calendars, court records, and similar matters may occur

22  without informing the parties. A record need not be made of

23  the communication.

24         (4)  Except as otherwise provided in subsection (3), a

25  record must be made of a communication under this section. The

26  parties must be informed promptly of the communication and

27  granted access to the record.

28         (5)  For purposes of this section, the term "record"

29  means a form of information, including, but not limited to, an

30  electronic recording or transcription by a court reporter

31  


                                  34

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1  which creates a verbatim memorialization of any communication

  2  between two or more individuals or entities.

  3         61.512  Taking testimony in another state.--

  4         (1)  In addition to other procedures available to a

  5  party, a party to a child custody proceeding may offer

  6  testimony of witnesses who are located in another state,

  7  including testimony of the parties and the child, by

  8  deposition or other means available in this state for

  9  testimony taken in another state. The court on its own motion

10  may order that the testimony of a person be taken in another

11  state and may prescribe the manner in which and the terms upon

12  which the testimony is taken.

13         (2)  Upon agreement of the parties, a court of this

14  state may permit an individual residing in another state to be

15  deposed or to testify by telephone, audiovisual means, or

16  other electronic means before a designated court or at another

17  location in that state. A court of this state shall cooperate

18  with courts of other states in designating an appropriate

19  location for the deposition or testimony.

20         (3)  Documentary evidence transmitted from another

21  state to a court of this state by technological means that

22  does not produce an original writing may not be excluded from

23  evidence on an objection based on the means of transmission.

24         61.513  Cooperation between courts; preservation of

25  records.--

26         (1)  A court of this state may request the appropriate

27  court of another state to:

28         (a)  Hold an evidentiary hearing;

29         (b)  Order a person to produce or give evidence

30  pursuant to the laws of that state;

31  


                                  35

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1         (c)  Order that an evaluation be made with respect to

  2  the custody of a child involved in a pending proceeding

  3  pursuant to the laws of the state where the proceeding is

  4  pending;

  5         (d)  Forward to the court of this state a certified

  6  copy of the transcript of the record of the hearing, the

  7  evidence otherwise presented, and any evaluation prepared in

  8  compliance with the request; or

  9         (e)  Order a party to a child custody proceeding or any

10  person having physical custody of the child to appear in the

11  proceeding with or without the child.

12         (2)  Upon request of a court of another state, a court

13  of this state may hold a hearing or enter an order described

14  in subsection (1).

15         (3)  Travel and other necessary and reasonable expenses

16  incurred under subsections (1) and (2) may be assessed against

17  the parties according to the laws of this state if the court

18  has personal jurisdiction over the party against whom these

19  expenses are being assessed.

20         (4)  A court of this state shall preserve the

21  pleadings, orders, decrees, records of hearings, evaluations,

22  and other pertinent records with respect to a child custody

23  proceeding until the child attains 18 years of age. Upon

24  appropriate request by a court or law enforcement official of

25  another state, the court shall forward a certified copy of

26  these records.

27         61.514  Initial child custody jurisdiction.--

28         (1)  Except as otherwise provided in s. 61.517, a court

29  of this state has jurisdiction to make an initial child

30  custody determination only if:

31  


                                  36

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1         (a)  This state is the home state of the child on the

  2  date of the commencement of the proceeding, or was the home

  3  state of the child within 6 months before the commencement of

  4  the proceeding and the child is absent from this state but a

  5  parent or person acting as a parent continues to live in this

  6  state;

  7         (b)  A court of another state does not have

  8  jurisdiction under paragraph (a), or a court of the home state

  9  of the child has declined to exercise jurisdiction on the

10  grounds that this state is the more appropriate forum under s.

11  61.520 or s. 61.521, and:

12         1.  The child and the child's parents, or the child and

13  at least one parent or a person acting as a parent, have a

14  significant connection with this state other than mere

15  physical presence; and

16         2.  Substantial evidence is available in this state

17  concerning the child's care, protection, training, and

18  personal relationships;

19         (c)  All courts having jurisdiction under paragraph (a)

20  or paragraph (b) have declined to exercise jurisdiction on the

21  grounds that a court of this state is the more appropriate

22  forum to determine the custody of the child under s. 61.520 or

23  s. 61.521; or

24         (d)  No court of any other state would have

25  jurisdiction under the criteria specified in paragraph (a),

26  paragraph (b), or paragraph (c).

27         (2)  Subsection (1) is the exclusive jurisdictional

28  basis for making a child custody determination by a court of

29  this state.

30  

31  


                                  37

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1         (3)  Physical presence of, or personal jurisdiction

  2  over, a party or a child is not necessary or sufficient to

  3  make a child custody determination.

  4         61.515  Exclusive, continuing jurisdiction.--

  5         (1)  Except as otherwise provided in s. 61.517, a court

  6  of this state which has made a child custody determination

  7  consistent with s. 61.514 or s. 61.516 has exclusive,

  8  continuing jurisdiction over the determination until:

  9         (a)  A court of this state determines that the child,

10  the child's parents, and any person acting as a parent does

11  not have a significant connection with this state and that

12  substantial evidence is no longer available in this state

13  concerning the child's care, protection, training, and

14  personal relationships; or

15         (b)  A court of this state or a court of another state

16  determines that the child, the child's parent, and any person

17  acting as a parent does not presently reside in this state.

18         (2)  A court of this state which has made a child

19  custody determination and does not have exclusive, continuing

20  jurisdiction under this section may modify that determination

21  only if it has jurisdiction to make an initial determination

22  under s. 61.514.

23         61.516  Jurisdiction to modify a determination.--Except

24  as otherwise provided in s. 61.517, a court of this state may

25  not modify a child custody determination made by a court of

26  another state unless a court of this state has jurisdiction to

27  make an initial determination under s. 61.514(1)(a) or s.

28  61.514(1)(b) and:

29         (1)  The court of the other state determines it no

30  longer has exclusive, continuing jurisdiction under s. 61.515

31  


                                  38

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1  or that a court of this state would be a more convenient forum

  2  under s. 61.520; or

  3         (2)  A court of this state or a court of the other

  4  state determines that the child, the child's parents, and any

  5  person acting as a parent does not presently reside in the

  6  other state.

  7         61.517  Temporary emergency jurisdiction.--

  8         (1)  A court of this state has temporary emergency

  9  jurisdiction if the child is present in this state and the

10  child has been abandoned or it is necessary in an emergency to

11  protect the child because the child, or a sibling or parent of

12  the child, is subjected to or threatened with mistreatment or

13  abuse.

14         (2)  If there is no previous child custody

15  determination that is entitled to be enforced under this part,

16  and a child custody proceeding has not been commenced in a

17  court of a state having jurisdiction under ss. 61.514-61.616,

18  a child custody determination made under this section remains

19  in effect until an order is obtained from a court of a state

20  having jurisdiction under ss. 61.514-61.516. If a child

21  custody proceeding has not been or is not commenced in a court

22  of a state having jurisdiction under ss. 61.514-61.516, a

23  child custody determination made under this section becomes a

24  final determination if it so provides and this state becomes

25  the home state of the child.

26         (3)  If there is a previous child custody determination

27  that is entitled to be enforced under this part, or a child

28  custody proceeding has been commenced in a court of a state

29  having jurisdiction under ss. 61.514-61.516, any order issued

30  by a court of this state under this section must specify in

31  the order a period that the court considers adequate to allow


                                  39

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1  the person seeking an order to obtain an order from the state

  2  having jurisdiction under ss. 61.514-61.516. The order issued

  3  in this state remains in effect until an order is obtained

  4  from the other state within the period specified or the period

  5  expires.

  6         (4)  A court of this state which has been asked to make

  7  a child custody determination under this section, upon being

  8  informed that a child custody proceeding has been commenced

  9  in, or a child custody determination has been made by, a court

10  of a state having jurisdiction under ss. 61.514-61.516, shall

11  immediately communicate with the other court. A court of this

12  state which is exercising jurisdiction under ss.

13  61.514-61.516, upon being informed that a child custody

14  proceeding has been commenced in, or a child custody

15  determination has been made by, a court of another state under

16  a statute similar to this section shall immediately

17  communicate with the court of that state to resolve the

18  emergency, protect the safety of the parties and the child,

19  and determine a period for the duration of the temporary

20  order.

21         61.518  Notice; opportunity to be heard; joinder.--

22         (1)  Before a child custody determination is made under

23  this part, notice and an opportunity to be heard in accordance

24  with the standards of s. 61.509 must be given to all persons

25  entitled to notice under the laws of this state as in child

26  custody proceedings between residents of this state, any

27  parent whose parental rights have not been previously

28  terminated, and any person acting as a parent.

29         (2)  This part does not govern the enforceability of a

30  child custody determination made without notice or an

31  opportunity to be heard.


                                  40

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1         (3)  The obligation to join a party and the right to

  2  intervene as a party in a child custody proceeding under this

  3  part are governed by the laws of this state as in child

  4  custody proceedings between residents of this state.

  5         61.519  Simultaneous proceedings.--

  6         (1)  Except as otherwise provided in s. 61.517, a court

  7  of this state may not exercise its jurisdiction under ss.

  8  61.514-61.524 if, at the time of the commencement of the

  9  proceeding, a proceeding concerning the custody of the child

10  had been commenced in a court of another state having

11  jurisdiction substantially in conformity with this part,

12  unless the proceeding has been terminated or is stayed by the

13  court of the other state because a court of this state is a

14  more convenient forum under s. 61.520.

15         (2)  Except as otherwise provided in s. 61.517, a court

16  of this state, before hearing a child custody proceeding,

17  shall examine the court documents and other information

18  supplied by the parties pursuant to s. 61.522. If the court

19  determines that a child custody proceeding was previously

20  commenced in a court in another state having jurisdiction

21  substantially in accordance with this part, the court of this

22  state shall stay its proceeding and communicate with the court

23  of the other state. If the court of the state having

24  jurisdiction substantially in accordance with this part does

25  not determine that the court of this state is a more

26  appropriate forum, the court of this state shall dismiss the

27  proceeding.

28         (3)  In a proceeding to modify a child custody

29  determination, a court of this state shall determine whether a

30  proceeding to enforce the determination has been commenced in

31  another state. If a proceeding to enforce a child custody


                                  41

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1  determination has been commenced in another state, the court

  2  may:

  3         (a)  Stay the proceeding for modification pending the

  4  entry of an order of a court of the other state enforcing,

  5  staying, denying, or dismissing the proceeding for

  6  enforcement;

  7         (b)  Enjoin the parties from continuing with the

  8  proceeding for enforcement; or

  9         (c)  Proceed with the modification under conditions it

10  considers appropriate.

11         61.520  Inconvenient forum.--

12         (1)  A court of this state which has jurisdiction under

13  this part to make a child custody determination may decline to

14  exercise its jurisdiction at any time if it determines that it

15  is an inconvenient forum under the circumstances and that a

16  court of another state is a more appropriate forum. The issue

17  of inconvenient forum may be raised upon motion of a party,

18  the court's own motion, or request of another court.

19         (2)  Before determining whether it is an inconvenient

20  forum, a court of this state shall consider whether it is

21  appropriate for a court of another state to exercise

22  jurisdiction. For this purpose, the court shall allow the

23  parties to submit information and shall consider all relevant

24  factors, including:

25         (a)  Whether domestic violence has occurred and is

26  likely to continue in the future and which state could best

27  protect the parties and the child;

28         (b)  The length of time the child has resided outside

29  this state;

30         (c)  The distance between the court in this state and

31  the court in the state that would assume jurisdiction;


                                  42

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1         (d)  The relative financial circumstances of the

  2  parties;

  3         (e)  Any agreement of the parties as to which state

  4  should assume jurisdiction;

  5         (f)  The nature and location of the evidence required

  6  to resolve the pending litigation, including testimony of the

  7  child;

  8         (g)  The ability of the court of each state to decide

  9  the issue expeditiously and the procedures necessary to

10  present the evidence; and

11         (h)  The familiarity of the court of each state with

12  the facts and issues in the pending litigation.

13         (3)  If a court of this state determines that it is an

14  inconvenient forum and that a court of another state is a more

15  appropriate forum, it shall stay the proceedings upon

16  condition that a child custody proceeding be promptly

17  commenced in another designated state and may impose any other

18  condition the court considers just and proper.

19         (4)  A court of this state may decline to exercise its

20  jurisdiction under this part if a child custody determination

21  is incidental to an action for divorce or another proceeding

22  while still retaining jurisdiction over the divorce or other

23  proceeding.

24         61.521  Jurisdiction declined by reason of conduct.--

25         (1)  Except as otherwise provided in s. 61.517 or by

26  other law of this state, if a court of this state has

27  jurisdiction under this part because a person seeking to

28  invoke its jurisdiction has engaged in unjustifiable conduct,

29  the court shall decline to exercise its jurisdiction unless:

30         (a)  The parents and all persons acting as parents have

31  acquiesced in the exercise of jurisdiction;


                                  43

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1         (b)  A court of the state otherwise having jurisdiction

  2  under ss. 61.514-61.516 determines that this state is a more

  3  appropriate forum under s. 61.520; or

  4         (c)  No court of any other state would have

  5  jurisdiction under the criteria specified in ss.

  6  61.514-61.516.

  7         (2)  If a court of this state declines to exercise its

  8  jurisdiction under subsection (1), it may fashion an

  9  appropriate remedy to ensure the safety of the child and

10  prevent a repetition of the unjustifiable conduct, including

11  staying the proceeding until a child custody proceeding is

12  commenced in a court having jurisdiction under ss.

13  61.514-61.516.

14         (3)  If a court dismisses a petition or stays a

15  proceeding because it declines to exercise its jurisdiction

16  under subsection (1), it shall assess against the party

17  seeking to invoke its jurisdiction necessary and reasonable

18  expenses, including costs, communication expenses, attorney's

19  fees, investigative fees, expenses for witnesses, travel

20  expenses, and expenses for child care during the course of the

21  proceedings, unless the party from whom fees are sought

22  establishes that the assessment would be clearly

23  inappropriate. The court may not assess fees, costs, or

24  expenses against this state unless authorized by law other

25  than this part.

26         61.522  Information to be submitted to the court.--

27         (1)  Subject to Florida law providing for the

28  confidentiality of procedures, addresses, and other

29  identifying information in a child custody proceeding, each

30  party, in its first pleading or in an attached affidavit,

31  shall give information, if reasonably ascertainable, under


                                  44

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1  oath as to the child's present address or whereabouts, the

  2  places where the child has lived during the last 5 years, and

  3  the names and present addresses of the persons with whom the

  4  child has lived during that period. The pleading or affidavit

  5  must state whether the party:

  6         (a)  Has participated, as a party or witness or in any

  7  other capacity, in any other proceeding concerning the custody

  8  of or visitation with the child and, if so, identify the

  9  court, the case number, and the date of the child custody

10  determination, if any;

11         (b)  Knows of any proceeding that could affect the

12  current proceeding, including proceedings for enforcement and

13  proceedings relating to domestic violence, protective orders,

14  termination of parental rights, and adoptions and, if so,

15  identify the court, the case number, and the nature of the

16  proceeding; and

17         (c)  Knows the names and addresses of any person not a

18  party to the proceeding who has physical custody of the child

19  or claims rights of legal custody or physical custody of, or

20  visitation with, the child and, if so, the names and addresses

21  of those persons.

22         (2)  If the information required by subsection (1) is

23  not furnished, the court, upon motion of a party or its own

24  motion, may stay the proceeding until the information is

25  furnished.

26         (3)  If the declaration as to any of the items

27  described in paragraphs (1)(a)-(c) is in the affirmative, the

28  declarant shall give additional information under oath as

29  required by the court. The court may examine the parties under

30  oath as to details of the information furnished and other

31  


                                  45

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1  matters pertinent to the court's jurisdiction and the

  2  disposition of the case.

  3         (4)  Each party has a continuing duty to inform the

  4  court of any proceeding in this or any other state which could

  5  affect the current proceeding.

  6         61.523  Appearance of parties and child.--

  7         (1)  In a child custody proceeding in this state, the

  8  court may order a party to the proceeding who is in this state

  9  to appear before the court in person with or without the

10  child. The court may order any person who is in this state and

11  who has physical custody or control of the child to appear in

12  person with the child.

13         (2)  If a party to a child custody proceeding whose

14  presence is desired by the court is outside this state, the

15  court may order that a notice given pursuant to s. 61.509

16  include a statement directing the party to appear in person

17  with or without the child and informing the party that failure

18  to appear may result in a decision adverse to the party.

19         (3)  The court may enter any orders necessary to ensure

20  the safety of the child and of any person ordered to appear

21  under this section.

22         (4)  If a party to a child custody proceeding who is

23  outside this state is directed to appear under subsection (2)

24  or desires to appear in person before the court with or

25  without the child, the court may require another party to pay

26  reasonable and necessary travel and other expenses of the

27  party so appearing and of the child.

28         61.524  Definitions.--As used in ss. 61.524-61.540, the

29  term:

30         (1)  "Petitioner" means a person who seeks enforcement

31  of an order for return of a child under the Hague Convention


                                  46

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1  on the Civil Aspects of International Child Abduction or

  2  enforcement of a child custody determination.

  3         (2)  "Respondent" means a person against whom a

  4  proceeding has been commenced for enforcement of an order for

  5  return of a child under the Hague Convention on the Civil

  6  Aspects of International Child Abduction or enforcement of a

  7  child custody determination.

  8         61.525  Enforcement under the Hague Convention.--Under

  9  this part, a court of this state may enforce an order for the

10  return of a child made under the Hague Convention on the Civil

11  Aspects of International Child Abduction as if it were a child

12  custody determination.

13         61.526  Duty to enforce.--

14         (1)  A court of this state shall recognize and enforce

15  a child custody determination of a court of another state if

16  the latter court exercised jurisdiction in substantial

17  conformity with this part or the determination was made under

18  factual circumstances meeting the jurisdictional standards of

19  this part and the determination has not been modified in

20  accordance with this part.

21         (2)  A court of this state may use any remedy available

22  under other laws of this state to enforce a child custody

23  determination made by a court of another state. The remedies

24  provided by ss. 61.524-61.540 are cumulative and do not affect

25  the availability of other remedies to enforce a child custody

26  determination.

27         61.527  Temporary visitation.--

28         (1)  A court of this state which does not have

29  jurisdiction to modify a child custody determination may issue

30  a temporary order enforcing:

31  


                                  47

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1         (a)  A visitation schedule made by a court of another

  2  state; or

  3         (b)  The visitation provisions of a child custody

  4  determination of another state which does not provide for a

  5  specific visitation schedule.

  6         (2)  If a court of this state makes an order under

  7  paragraph (1)(b), it shall specify in the order a period that

  8  it considers adequate to allow the petitioner to obtain an

  9  order from a court having jurisdiction under the criteria

10  specified in ss. 61.514-61.523. The order remains in effect

11  until an order is obtained from the other court or the period

12  expires.

13         61.528  Registration of child custody determination.--

14         (1)  A child custody determination issued by a court of

15  another state may be registered in this state, with or without

16  a simultaneous request for enforcement, by sending to the

17  circuit court of the county where the petitioner or respondent

18  resides or where a simultaneous request for enforcement is

19  sought:

20         (a)  A letter or other document requesting

21  registration;

22         (b)  Two copies, including one certified copy, of the

23  determination sought to be registered and a statement under

24  penalty of perjury that, to the best of the knowledge and

25  belief of the person seeking registration, the order has not

26  been modified; and

27         (c)  Except as otherwise provided in s. 61.522, the

28  name and address of the person seeking registration and any

29  parent or person acting as a parent who has been awarded

30  custody or visitation in the child custody determination

31  sought to be registered.


                                  48

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1         (2)  On receipt of the documents required by subsection

  2  (1), the registering court shall:

  3         (a)  Cause the determination to be filed as a foreign

  4  judgment, together with one copy of any accompanying documents

  5  and information, regardless of their form; and

  6         (b)  Serve notice upon the persons named pursuant to

  7  paragraph (1)(c) and provide them with an opportunity to

  8  contest the registration in accordance with this section.

  9         (3)  The notice required by paragraph (2)(b) must state

10  that:

11         (a)  A registered determination is enforceable as of

12  the date of the registration in the same manner as a

13  determination issued by a court of this state;

14         (b)  A hearing to contest the validity of the

15  registered determination must be requested within 20 days

16  after service of notice; and

17         (c)  Failure to contest the registration will result in

18  confirmation of the child custody determination and preclude

19  further contest of that determination with respect to any

20  matter that could have been asserted.

21         (4)  A person seeking to contest the validity of a

22  registered order must request a hearing within 20 days after

23  service of the notice. At that hearing, the court shall

24  confirm the registered order unless the person contesting

25  registration establishes that:

26         (a)  The issuing court did not have jurisdiction under

27  ss. 61.514-61.523;

28         (b)  The child custody determination sought to be

29  registered has been vacated, stayed, or modified by a court

30  having jurisdiction to do so under ss. 61.514-61.523; or

31  


                                  49

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1         (c)  The person contesting registration was entitled to

  2  notice, but notice was not given in accordance with the

  3  standards of s. 61.509 in the proceedings before the court

  4  that issued the order for which registration is sought.

  5         (5)  If a timely request for a hearing to contest the

  6  validity of the registration is not made, the registration is

  7  confirmed as a matter of law and the person requesting

  8  registration and all persons served must be notified of the

  9  confirmation.

10         (6)  Confirmation of a registered order, whether by

11  operation of law or after notice and hearing, precludes

12  further contest of the order with respect to any matter that

13  could have been asserted at the time of registration.

14         61.529  Enforcement of registered determination.--

15         (1)  A court of this state may grant any relief

16  normally available under the laws of this state to enforce a

17  registered child custody determination made by a court of

18  another state.

19         (2)  A court of this state shall recognize and enforce

20  but may not modify, except in accordance with ss.

21  61.514-61.523, a registered child custody determination of

22  another state.

23         61.530  Simultaneous proceedings.--If a proceeding for

24  enforcement under ss. 61.524-61.540 is commenced in a court of

25  this state and the court determines that a proceeding to

26  modify the determination is pending in a court of another

27  state having jurisdiction to modify the determination under

28  ss. 61.514-61.523, the enforcing court shall immediately

29  communicate with the modifying court. The proceeding for

30  enforcement continues unless the enforcing court, after

31  


                                  50

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1  consultation with the modifying court, stays or dismisses the

  2  proceeding.

  3         61.531  Expedited enforcement of child custody

  4  determination.--

  5         (1)  A petition under ss. 61.524-61.540 must be

  6  verified. Certified copies of all orders sought to be enforced

  7  and of any order confirming registration must be attached to

  8  the petition. A copy of a certified copy of an order may be

  9  attached instead of the original.

10         (2)  A petition for enforcement of a child custody

11  determination must state:

12         (a)  Whether the court that issued the determination

13  identified the jurisdictional basis it relied upon in

14  exercising jurisdiction and, if so, specify the basis;

15         (b)  Whether the determination for which enforcement is

16  sought has been vacated, stayed, or modified by a court whose

17  decision must be enforced under this part and, if so, identify

18  the court, the case number, and the nature of the proceeding;

19         (c)  Whether any proceeding has been commenced that

20  could affect the current proceeding, including proceedings

21  relating to domestic violence, protective orders, termination

22  of parental rights, and adoptions and, if so, identify the

23  court, the case number, and the nature of the proceeding;

24         (d)  The present physical address of the child and the

25  respondent, if known;

26         (e)  Whether relief in addition to the immediate

27  physical custody of the child and attorney's fees is sought,

28  including a request for assistance from law enforcement

29  officers and, if so, the relief sought; and

30  

31  


                                  51

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1         (f)  If the child custody determination has been

  2  registered and confirmed under s. 61.528, the date and place

  3  of registration.

  4         (3)  Upon the filing of a petition, the court shall

  5  issue an order directing the respondent to appear in person

  6  with or without the child at a hearing and may enter any order

  7  necessary to ensure the safety of the parties and the child.

  8  The hearing must be held on the next judicial day after

  9  service of the order unless that date is impossible. In that

10  event, the court shall hold the hearing on the first judicial

11  day possible. The court may extend the date of the hearing at

12  the request of the petitioner.

13         (4)  An order issued under subsection (3) must state

14  the time and place of the hearing and advise the respondent

15  that at the hearing the court will order that the petitioner

16  may take immediate physical custody of the child and the

17  payment of fees, costs, and expenses under s. 61.535 and may

18  schedule a hearing to determine whether further relief is

19  appropriate, unless the respondent appears and establishes

20  that:

21         (a)  The child custody determination has not been

22  registered and confirmed under s. 61.528 and that:

23         1.  The issuing court did not have jurisdiction under

24  ss. 61.514-61.523;

25         2.  The child custody determination for which

26  enforcement is sought has been vacated, stayed, or modified by

27  a court of a state having jurisdiction to do so under ss.

28  61.514-61.523; or

29         3.  The respondent was entitled to notice, but notice

30  was not given in accordance with the standards of s. 61.509 in

31  


                                  52

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1  the proceedings before the court that issued the order for

  2  which enforcement is sought; or

  3         (b)  The child custody determination for which

  4  enforcement is sought was registered and confirmed under s.

  5  61.528, but has been vacated, stayed, or modified by a court

  6  of a state having jurisdiction to do so under ss.

  7  61.514-61.523.

  8         61.532  Service of petition and order.--Except as

  9  otherwise provided in s. 61.534, the petition and order must

10  be served by any method authorized by the laws of this state

11  upon the respondent and any person who has physical custody of

12  the child.

13         61.533  Hearing and order.--

14         (1)  Unless the court enters a temporary emergency

15  order under s. 61.517, upon a finding that a petitioner is

16  entitled to immediate physical custody of the child, the court

17  shall order that the petitioner may take immediate physical

18  custody of the child unless the respondent establishes that:

19         (a)  The child custody determination has not been

20  registered and confirmed under s. 61.528 and that:

21         1.  The issuing court did not have jurisdiction under

22  ss. 61.514-61.523;

23         2.  The child custody determination for which

24  enforcement is sought has been vacated, stayed, or modified by

25  a court of a state having jurisdiction to do so under ss.

26  61.514-61.523; or

27         3.  The respondent was entitled to notice, but notice

28  was not given in accordance with the standards of s. 61.509 in

29  the proceedings before the court that issued the order for

30  which enforcement is sought; or

31  


                                  53

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1         (b)  The child custody determination for which

  2  enforcement is sought was registered and confirmed under s.

  3  61.528, but has been vacated, stayed, or modified by a court

  4  of a state having jurisdiction to do so under ss.

  5  61.514-61.523.

  6         (2)  The court shall award the fees, costs, and

  7  expenses authorized under s. 61.535 and may grant additional

  8  relief, including a request for the assistance of law

  9  enforcement officers, and set a further hearing to determine

10  whether additional relief is appropriate.

11         (3)  If a party called to testify refuses to answer on

12  the ground that the testimony may be self-incriminating, the

13  court may draw an adverse inference from the refusal.

14         (4)  A privilege against disclosure of communications

15  between spouses and a defense of immunity based on the

16  relationship of husband and wife or parent and child may not

17  be invoked in a proceeding under ss. 61.524-61.540.

18         61.534  Warrant to take physical custody of child.--

19         (1)  Upon the filing of a petition seeking enforcement

20  of a child custody determination, the petitioner may file a

21  verified application for the issuance of a warrant to take

22  physical custody of the child if the child is likely to

23  imminently suffer serious physical harm or removal from this

24  state.

25         (2)  If the court, upon the testimony of the petitioner

26  or other witness, finds that the child is likely to imminently

27  suffer serious physical harm or removal from this state, it

28  may issue a warrant to take physical custody of the child. The

29  petition must be heard on the next judicial day after the

30  warrant is executed unless that date is impossible. In that

31  event, the court shall hold the hearing on the first judicial


                                  54

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1  day possible. The application for the warrant must include the

  2  statements required by s. 61.531(2).

  3         (3)  A warrant to take physical custody of a child

  4  must:

  5         (a)  Recite the facts upon which a conclusion of

  6  imminent serious physical harm or removal from the

  7  jurisdiction is based;

  8         (b)  Direct law enforcement officers to take physical

  9  custody of the child immediately; and

10         (c)  Provide for the placement of the child pending

11  final relief.

12         (4)  The respondent must be served with the petition,

13  warrant, and order immediately after the child is taken into

14  physical custody.

15         (5)  A warrant to take physical custody of a child is

16  enforceable throughout this state. If the court finds on the

17  basis of the testimony of the petitioner or other witness that

18  a less intrusive remedy is not effective, it may authorize law

19  enforcement officers to enter private property to take

20  physical custody of the child. If required by exigent

21  circumstances of the case, the court may authorize law

22  enforcement officers to make a forcible entry at any hour.

23         (6)  The court may impose conditions upon placement of

24  a child to ensure the appearance of the child and the child's

25  custodian.

26         61.535  Costs, fees, and expenses.--

27         (1)  So long as the court has personal jurisdiction

28  over the party against whom the expenses are being assessed,

29  the court shall award the prevailing party, including a state,

30  necessary and reasonable expenses incurred by or on behalf of

31  the party, including costs, communication expenses, attorney's


                                  55

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1  fees, investigative fees, expenses for witnesses, travel

  2  expenses, and expenses for child care during the course of the

  3  proceedings, unless the party from whom fees or expenses are

  4  sought establishes that the award would be clearly

  5  inappropriate.

  6         (2)  The court may not assess fees, costs, or expenses

  7  against a state unless authorized by law other than this part.

  8         61.536  Recognition and enforcement.--A court of this

  9  state shall accord full faith and credit to an order issued by

10  another state and consistent with this part which enforces a

11  child custody determination by a court of another state unless

12  the order has been vacated, stayed, or modified by a court

13  having jurisdiction to do so under ss. 61.514-61.523.

14         61.537  Appeals.--An appeal may be taken from a final

15  order in a proceeding under ss. 61.524-61.640 in accordance

16  with expedited appellate procedures in other civil cases.

17  Unless the court enters a temporary emergency order under s.

18  61.517, the enforcing court may not stay an order enforcing a

19  child custody determination pending appeal.

20         61.538  Role of state attorney.--

21         (1)  In a case arising under this part or involving the

22  Hague Convention on the Civil Aspects of International Child

23  Abduction, the state attorney may take any lawful action,

24  including resort to a proceeding under ss. 61.524-61.540 or

25  any other available civil proceeding, to locate a child,

26  obtain the return of a child, or enforce a child custody

27  determination, if there is:

28         (a)  An existing child custody determination;

29         (b)  A request to do so from a court in a pending child

30  custody proceeding;

31  


                                  56

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1         (c)  A reasonable belief that a criminal statute has

  2  been violated; or

  3         (d)  A reasonable belief that the child has been

  4  wrongfully removed or retained in violation of the Hague

  5  Convention on the Civil Aspects of International Child

  6  Abduction.

  7         (2)  A state attorney acting under this section acts on

  8  behalf of the court and may not represent any party.

  9         61.539  Role of law enforcement officers.--At the

10  request of a state attorney acting under s. 61.538, a law

11  enforcement officer may take any lawful action reasonably

12  necessary to locate a child or a party and assist a state

13  attorney with responsibilities under s. 61.538.

14         61.540  Costs and expenses.--The court may assess

15  against the nonprevailing party all direct expenses and costs

16  incurred by the state attorney and law enforcement officers

17  under s. 61.538 or s. 61.539 so long as the court has personal

18  jurisdiction over the nonprevailing party.

19         61.541  Application and construction.--In applying and

20  construing this part, consideration must be given to the need

21  to promote uniformity of the law with respect to its subject

22  matter among states that enact it.

23         61.542  Transitional provision.--A motion or other

24  request for relief made in a child custody proceeding or to

25  enforce a child custody determination that was commenced

26  before the effective date of this part is governed by the law

27  in effect at the time the motion or other request was made.

28         Section 22.  Subsection (7) of section 63.052, Florida

29  Statutes, is amended to read:

30         63.052  Guardians designated; proof of commitment.--

31  


                                  57

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1         (7)  The court retains jurisdiction of a minor who has

  2  been placed for adoption until the adoption is final. After a

  3  minor is placed with an adoption entity or prospective

  4  adoptive parent, the court may review the status of the minor

  5  and the progress toward permanent adoptive placement. As part

  6  of this continuing jurisdiction, for good cause shown by a

  7  person whose consent to an adoption is required under s.

  8  63.062, the adoption entity, the parents, persons having legal

  9  custody of the minor, persons with custodial or visitation

10  rights to the minor, persons entitled to notice pursuant to

11  the Uniform Child Custody Jurisdiction and Enforcement Act or

12  the Indian Child Welfare Act, or upon the court's own motion,

13  the court may review the appropriateness of the adoptive

14  placement of the minor.

15         Section 23.  Paragraph (f) of subsection (6) of section

16  63.087, Florida Statutes, is amended to read:

17         63.087  Proceeding to terminate parental rights pending

18  adoption; general provisions.--

19         (6)  PETITION.--

20         (f)  The petition must include:

21         1.  The minor's name, gender, date of birth, and place

22  of birth. The petition must contain all names by which the

23  minor is or has been known, excluding the minor's prospective

24  adoptive name but including the minor's legal name at the time

25  of the filing of the petition, to allow interested parties to

26  the action, including parents, persons having legal custody of

27  the minor, persons with custodial or visitation rights to the

28  minor, and persons entitled to notice pursuant to the Uniform

29  Child Custody Jurisdiction and Enforcement Act or the Indian

30  Child Welfare Act, to identify their own interest in the

31  action.


                                  58

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1         2.  If the petition is filed before the day the minor

  2  is 6 months old and if the identity or location of the father

  3  is unknown, each city in which the mother resided or traveled,

  4  in which conception may have occurred, during the 12 months

  5  before the minor's birth, including the county and state in

  6  which that city is located.

  7         3.  Unless a consent to adoption or affidavit of

  8  nonpaternity executed by each person whose consent is required

  9  under s. 63.062 is attached to the petition, the name and the

10  city of residence, including the county and state in which

11  that city is located, of:

12         a.  The minor's mother;

13         b.  Any man who the mother reasonably believes may be

14  the minor's father; and

15         c.  Any person who has legal custody, as defined in s.

16  39.01, of the minor.

17  

18  If a required name or address is not known, the petition must

19  so state.

20         4.  All information required by the Uniform Child

21  Custody Jurisdiction and Enforcement Act and the Indian Child

22  Welfare Act.

23         5.  A statement of the grounds under s. 63.089 upon

24  which the petition is based.

25         6.  The name, address, and telephone number of any

26  adoption entity seeking to place the minor for adoption.

27         7.  The name, address, and telephone number of the

28  division of the circuit court in which the petition is to be

29  filed.

30  

31  


                                  59

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1         8.  A certification of compliance with the requirements

  2  of s. 63.0425 regarding notice to grandparents of an impending

  3  adoption.

  4         Section 24.  Subsection (2) of section 63.102, Florida

  5  Statutes, is amended to read:

  6         63.102  Filing of petition for adoption or declaratory

  7  statement; venue; proceeding for approval of fees and costs.--

  8         (2)  A petition for adoption or for a declaratory

  9  statement as to the adoption contract shall be filed in the

10  county where the petition for termination of parental rights

11  was granted, unless the court, in accordance with s. 47.122,

12  changes the venue to the county where the petitioner or

13  petitioners or the minor resides or where the adoption entity

14  with which the minor has been placed is located. The circuit

15  court in this state must retain jurisdiction over the matter

16  until a final judgment is entered on the adoption. The Uniform

17  Child Custody Jurisdiction and Enforcement Act does not apply

18  until a final judgment is entered on the adoption.

19         Section 25.  Section 741.24, Florida Statutes, is

20  transferred and renumbered as section 772.115, Florida

21  Statutes.

22         Section 26.  Section 741.28, Florida Statutes, is

23  amended to read:

24         741.28  Domestic violence; definitions.--As used in ss.

25  741.28-741.31, the term:

26         (1)  "Department" means the Florida Department of Law

27  Enforcement.

28         (2)(1)  "Domestic violence" means any assault,

29  aggravated assault, battery, aggravated battery, sexual

30  assault, sexual battery, stalking, aggravated stalking,

31  kidnapping, false imprisonment, or any criminal offense


                                  60

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1  resulting in physical injury or death of one family or

  2  household member by another who is or was residing in the same

  3  single dwelling unit.

  4         (3)(2)  "Family or household member" means spouses,

  5  former spouses, persons related by blood or marriage, persons

  6  who are presently residing together as if a family or who have

  7  resided together in the past as if a family, and persons who

  8  are parents of have a child in common regardless of whether

  9  they have been married or have resided together at any time.

10  With the exception of persons who are parents of a child in

11  common, the family or household members must be currently

12  residing or have in the past resided together in the same

13  single dwelling unit.

14         (3)  "Department" means the Florida Department of Law

15  Enforcement.

16         (4)  "Law enforcement officer" means any person who is

17  elected, appointed, or employed by any municipality or the

18  state or any political subdivision thereof who meets the

19  minimum qualifications established in s. 943.13 and is

20  certified as a law enforcement officer under s. 943.1395.

21         Section 27.  Paragraph (d) of subsection (3),

22  subsection (4), paragraph (a) of subsection (5), paragraph (a)

23  of subsection (6), and paragraph (a) of subsection (7) of

24  section 741.30, Florida Statutes, are amended to read:

25         741.30  Domestic violence; injunction; powers and

26  duties of court and clerk; petition; notice and hearing;

27  temporary injunction; issuance of injunction; statewide

28  verification system; enforcement.--

29         (3)

30         (d)  If the sworn petition seeks to determine issues of

31  custody or visitation with regard to the minor child or


                                  61

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1  children of the parties, the sworn petition shall be

  2  accompanied by or shall incorporate the allegations required

  3  by s. 61.522 s. 61.132 of the Uniform Child Custody

  4  Jurisdiction and Enforcement Act.

  5         (4)  Upon the filing of the petition, the court shall

  6  set a hearing to be held at the earliest possible time. The

  7  respondent shall be personally served with a copy of the

  8  petition, financial affidavit, affidavit required under the

  9  Uniform Child Custody Jurisdiction and Enforcement Act

10  affidavit, if any, notice of hearing, and temporary

11  injunction, if any, prior to the hearing.

12         (5)(a)  When it appears to the court that an immediate

13  and present danger of domestic violence exists, the court may

14  grant a temporary injunction ex parte, pending a full hearing,

15  and may grant such relief as the court deems proper, including

16  an injunction:

17         1.  Restraining the respondent from committing any acts

18  of domestic violence.

19         2.  Awarding to the petitioner the temporary exclusive

20  use and possession of the dwelling that the parties share or

21  excluding the respondent from the residence of the petitioner.

22         3.  On the same basis as provided in s. 61.13 s.

23  61.13(2), (3), (4), and (5), granting to the petitioner

24  temporary custody of a minor child or children. An order of

25  temporary custody remains in effect until the order expires or

26  a permanent order is entered by a court of competent

27  jurisdiction in a pending or subsequent civil action or

28  proceeding affecting the placement of, access to, parental

29  time with, or parental responsibility for the minor child.

30  

31  


                                  62

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1         (6)(a)  Upon notice and hearing, the court may grant

  2  such relief as the court deems proper, including an

  3  injunction:

  4         1.  Restraining the respondent from committing any acts

  5  of domestic violence.

  6         2.  Awarding to the petitioner the exclusive use and

  7  possession of the dwelling that the parties share or excluding

  8  the respondent from the residence of the petitioner.

  9         3.  On the same basis as provided in chapter 61,

10  awarding temporary custody of, or temporary visitation rights

11  with regard to, a minor child or children of the parties. An

12  order of temporary custody or visitation remains in effect

13  until the order expires or a permanent order is entered by a

14  court of competent jurisdiction in a pending or subsequent

15  civil action or proceeding affecting the placement of, access

16  to, parental time with, or parental responsibility for the

17  minor child.

18         4.  On the same basis as provided in chapter 61,

19  establishing temporary support for a minor child or children

20  or the petitioner. An order of temporary support remains in

21  effect until the order expires or a permanent order is entered

22  by a court of competent jurisdiction in a pending or

23  subsequent civil action or proceeding affecting child support.

24         5.  Ordering the respondent to participate in

25  treatment, intervention, or counseling services to be paid for

26  by the respondent. When the court orders the respondent to

27  participate in a batterers' intervention program, the court,

28  or any entity designated by the court, must provide the

29  respondent with a list of all certified batterers'

30  intervention programs and all programs which have submitted an

31  application to the Department of Corrections to become


                                  63

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1  certified under s. 741.325, from which the respondent must

  2  choose a program in which to participate. If there are no

  3  certified batterers' intervention programs in the circuit, the

  4  court shall provide a list of acceptable programs from which

  5  the respondent must choose a program in which to participate.

  6         6.  Referring a petitioner to a certified domestic

  7  violence center. The court must provide the petitioner with a

  8  list of certified domestic violence centers in the circuit

  9  which the petitioner may contact.

10         7.  Ordering such other relief as the court deems

11  necessary for the protection of a victim of domestic violence,

12  including injunctions or directives to law enforcement

13  agencies, as provided in this section.

14         (7)(a)1.  The clerk of the court shall furnish a copy

15  of the petition, financial affidavit, uniform child custody

16  jurisdiction and enforcement act affidavit, if any, notice of

17  hearing, and temporary injunction, if any, to the sheriff or a

18  law enforcement agency of the county where the respondent

19  resides or can be found, who shall serve it upon the

20  respondent as soon thereafter as possible on any day of the

21  week and at any time of the day or night. The clerk of the

22  court shall be responsible for furnishing to the sheriff such

23  information on the respondent's physical description and

24  location as is required by the department to comply with the

25  verification procedures set forth in this section.

26  Notwithstanding any other provision of law to the contrary,

27  the chief judge of each circuit, in consultation with the

28  appropriate sheriff, may authorize a law enforcement agency

29  within the jurisdiction to effect service. A law enforcement

30  agency serving injunctions pursuant to this section shall use

31  


                                  64

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1  service and verification procedures consistent with those of

  2  the sheriff.

  3         2.  When an injunction is issued, if the petitioner

  4  requests the assistance of a law enforcement agency, the court

  5  may order that an officer from the appropriate law enforcement

  6  agency accompany the petitioner and assist in placing the

  7  petitioner in possession of the dwelling or residence, or

  8  otherwise assist in the execution or service of the

  9  injunction. A law enforcement officer shall accept a copy of

10  an injunction for protection against domestic violence,

11  certified by the clerk of the court, from the petitioner and

12  immediately serve it upon a respondent who has been located

13  but not yet served.

14         3.  All orders issued, changed, continued, extended, or

15  vacated subsequent to the original service of documents

16  enumerated under subparagraph 1., shall be certified by the

17  clerk of the court and delivered to the parties at the time of

18  the entry of the order.  The parties may acknowledge receipt

19  of such order in writing on the face of the original order.

20  In the event a party fails or refuses to acknowledge the

21  receipt of a certified copy of an order, the clerk shall note

22  on the original order that service was effected.  If delivery

23  at the hearing is not possible, the clerk shall mail certified

24  copies of the order to the parties at the last known address

25  of each party.  Service by mail is complete upon mailing.

26  When an order is served pursuant to this subsection, the clerk

27  shall prepare a written certification to be placed in the

28  court file specifying the time, date, and method of service

29  and shall notify the sheriff.

30  

31  


                                  65

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1  If the respondent has been served previously with the

  2  temporary injunction and has failed to appear at the initial

  3  hearing on the temporary injunction, any subsequent petition

  4  for injunction seeking an extension of time may be served on

  5  the respondent by the clerk of the court by certified mail in

  6  lieu of personal service by a law enforcement officer.

  7         Section 28.  Sections 753.001, 753.002, and 753.004,

  8  Florida Statutes, are repealed.

  9         Section 29.  Sections 753.01, 753.02, 753.03, 753.04,

10  753.05, 753.06, 753.07, 753.08, and 753.09, Florida Statutes,

11  are created to read:

12         753.01  Supervised visitation programs; legislative

13  findings and intent.--The Legislature finds that there are

14  children in this state who have been adjudicated dependent by

15  the court and, as a result, are ordered into out-of-home

16  placements. The Legislature further finds that a large number

17  of children experience the separation or divorce of their

18  parents and that some of these children have been determined

19  by the court to be at risk or are potentially at risk for

20  physical, emotional, or sexual abuse; parental abduction;

21  domestic violence; or other harm as a result of parental

22  impairment due to substance abuse or other conditions. The

23  Legislature also finds that exposing children to the parents'

24  continuing conflicts is detrimental to the children. The

25  Legislature recognizes the importance of maintaining contact

26  between children and their nonresidential parents while

27  ensuring the safety of those children from further or

28  potential abuse, danger, or flight. The Legislature further

29  recognizes the importance of minimizing the circumstances in

30  which children are exposed to the parents' anger and disputes.

31  Supervised visitation programs provide a critically needed


                                  66

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1  service in offering children and nonresidential parents the

  2  opportunity to maintain a relationship in a safe environment

  3  and facilitating safe contact between perpetrators of domestic

  4  violence and their children. By recognizing the necessity of

  5  ensuring the safety of children, parents, and staff in child

  6  visitations and exchanges and offering a quality service that

  7  meets the multiple visitation and exchange needs of families,

  8  parents, and courts, the Legislature intends, subject to

  9  available funding, to provide for uniform standards,

10  strengthened security, training, and certification of the

11  supervised visitation programs in this state.

12         753.02  Definitions.--As used in this chapter, the

13  term:

14         (1)  "Client" means the residential parent,

15  nonresidential parent, caregiver, or child receiving services

16  under a supervised visitation program.

17         (2)  "Supervised exchange" means the supervision of the

18  movement of the child from the residential parent to the

19  nonresidential parent at the start of the visitation, and from

20  the nonresidential parent back to the residential parent at

21  the end of the visitation.

22         (3)  "Supervised visitation" means the contact between

23  a nonresidential parent and child which occurs in the presence

24  of an independent third party.

25         (4)  "Supervised visitation program" means a program

26  created to offer safe and structured supervised visitation and

27  supervised exchange.

28         753.03  Comprehensive standards for supervised

29  visitation programs.--

30         (1)  Standards shall be developed, pursuant to s.

31  753.09, for certifying supervised visitation programs in this


                                  67

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1  state to ensure the safety and quality of the program. These

  2  standards are intended to provide a uniform set of guidelines

  3  that will be used by all supervised visitation programs and be

  4  required by the courts, the Department of Children and Family

  5  Services, and other entities that refer families for

  6  supervised visitation and supervised exchange services. The

  7  standards developed must be comprehensive and address the

  8  purpose, policies, standards of practice, program content,

  9  security measures, qualifications of providers, training,

10  credentials of staff, information to be provided to the court

11  and by the court, data collection, and procedures for

12  supervised visitation programs.

13         (2)  These standards will form the basis for

14  certification of supervised visitation programs.

15         (3)  Before implementing a certification process, each

16  supervised visitation program is encouraged to voluntarily

17  comply with the comprehensive standards developed under s.

18  753.09.

19         753.04  Certification and monitoring of supervised

20  visitation programs.--

21         (1)  A process for certifying and monitoring the

22  initial and ongoing compliance of a supervised visitation

23  program with comprehensive standards developed under s. 753.09

24  shall be phased in, contingent upon the allocation and

25  availability of funds. The first phase of the certification

26  process must emphasize compliance with the standards relating

27  to security.

28         (2)  Once the certification process is fully

29  implemented, a supervised visitation program must be certified

30  in order to receive state or federal funds. A program must be

31  certified in order to be a program to which the court may


                                  68

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1  order parties for supervised visitation or supervised exchange

  2  services.

  3         753.05  Interim minimum standards for supervised

  4  visitation programs.--

  5         (1)  Until the comprehensive standards for supervised

  6  visitation programs are developed under s. 753.03 and a

  7  certification and monitoring process implemented, each

  8  supervised visitation program must comply with the "Minimum

  9  Standards for Supervised Visitation Programs Agreements"

10  adopted by the Supreme Court as an administrative order on

11  November 18, 1999. Pursuant to this order, each supervised

12  visitation program shall enter into an agreement with the

13  circuit court within that geographic jurisdiction attesting to

14  the program's willingness to comply with the standards.

15         (2)  Until the comprehensive standards for supervised

16  visitation programs are developed and a certification and

17  monitoring process implemented, a supervised visitation

18  program may not receive grant funds for access and visitation

19  under 42 U.S.C. s. 669b unless the program provides to the

20  state agency responsible for administering the grant

21  documentation verifying that the program has entered into an

22  agreement with the circuit court as required under subsection

23  (1). This subsection does not obligate the state agency

24  responsible for administering the grant to certify compliance

25  with the "Minimum Standards for Supervised Visitation Programs

26  Agreements."

27         753.06  Security in supervised visitation programs.--

28         (1)  Due to the volatile nature of the client

29  relationships that created the need for supervised visitation

30  and supervised exchange services, the security of each

31  supervised visitation program is a paramount element of the


                                  69

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1  program. Therefore, the safety of the clients and program

  2  staff shall be intrinsic in all aspects of the standards,

  3  emphasized in all training, and a precondition of the

  4  certification of a program.

  5         (2)  Each supervised visitation program is encouraged

  6  to collaborate with local law enforcement agencies to

  7  facilitate volunteerism by law enforcement officers at

  8  supervised visitation programs using such mechanisms as those

  9  provided under ss. 943.254 and 943.135(2) and using

10  administrative leave permitted for state employees who

11  participate in community service programs.

12         753.07  Training for supervised visitation

13  programs.--Contingent upon the allocation or availability of

14  funding, the Clearinghouse on Supervised Visitation shall

15  develop, maintain, and update competency-based training

16  materials for supervised visitation which are appropriate to

17  meet the training needs of program staff. The Clearinghouse on

18  Supervised Visitation shall also provide training to staff of

19  the supervised visitation programs and track staff who meet

20  training requirements, to the extent permitted by available

21  funding.

22         753.08  Supervised visitation programs; data

23  collection.--Contingent upon the allocation or availability of

24  funding, the Clearinghouse on Supervised Visitation shall

25  develop and implement a mechanism for collecting data on

26  supervised visitation and supervised exchange services

27  provided in this state. The Clearinghouse on Supervised

28  Visitation shall collaborate with the state chapter of the

29  Supervised Visitation Network in determining the necessary

30  data to be collected and developing the data-collection

31  mechanism to ensure the viability and reasonableness of the


                                  70

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1  data requirements. Each supervised visitation program shall

  2  maintain and submit the identified data to the Clearinghouse

  3  on Supervised Visitation. The Clearinghouse on Supervised

  4  Visitation shall maintain these data and annually compile the

  5  information and make it available to the President of the

  6  Senate, the Speaker of the House of Representatives, the

  7  courts, the Chief Justice of the Supreme Court, the Department

  8  of Children and Family Services, and any other organization

  9  represented on the advisory board provided for in s. 753.09.

10         753.09  Development of standards and a certification

11  process.--

12         (1)  The Clearinghouse on Supervised Visitation within

13  the Institute for Family Violence Studies of the Florida State

14  University School of Social Work shall develop the standards

15  for the supervised visitation program. The Clearinghouse on

16  Supervised Visitation shall use an advisory board to assist in

17  developing the standards. The advisory board must include:

18         (a)  Two members of the executive board of the state

19  chapter of the Supervised Visitation Network, appointed by the

20  president of the state chapter of the Supervised Visitation

21  Network.

22         (b)  A representative from the Office of the State

23  Courts Administrator, appointed by the State Courts

24  Administrator.

25         (c)  A representative from the Department of Children

26  and Family Services, appointed by the Secretary.

27         (d)  A representative from the Florida Coalition

28  Against Domestic Violence, appointed by the executive director

29  of the Florida Coalition Against Domestic Violence.

30  

31  


                                  71

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1         (e)  A representative from a state law enforcement

  2  agency, appointed by the executive director of the Florida

  3  Sheriffs Association.

  4         (f)  A family law judge, appointed by the Chief Justice

  5  of the Supreme Court.

  6         (g)  Two representatives of supervised visitation

  7  programs, appointed by the director of the clearinghouse.

  8         (h)  A representative from the Junior League, selected

  9  by the State Board of the Junior League.

10         (i)  A representative from the Commission on

11  Responsible Fatherhood.

12         (2)  The Clearinghouse on Supervised Visitation, with

13  consultation from the advisory board, shall also develop

14  criteria for approving or rejecting certification of a

15  supervised visitation program, a process for phasing in the

16  standards and certification process, and a recommendation for

17  the state entity that should be charged with certifying and

18  monitoring supervised visitation programs.

19         (3)  The Clearinghouse on Supervised Visitation shall

20  submit a report to the President of the Senate, the Speaker of

21  the House of Representatives, and the Chief Justice of the

22  Supreme Court by December 31, 2003. The standards for

23  supervised visitation programs and criteria for the

24  certification process shall be adopted by rule by the state

25  entity identified by the Legislature to be responsible for the

26  certification and monitoring process.

27         Section 30.  Paragraph (b) of subsection (6) of section

28  787.03, Florida Statutes, is amended to read:

29         787.03  Interference with custody.--

30         (6)

31  


                                  72

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1         (b)  In order to gain the exemption conferred by

  2  paragraph (a), a person who takes a child pursuant to this

  3  subsection must:

  4         1.  Within 10 days after taking the child, make a

  5  report to the sheriff's office or state attorney's office for

  6  the county in which the child resided at the time he or she

  7  was taken, which report must include the name of the person

  8  taking the child, the current address and telephone number of

  9  the person and child, and the reasons the child was taken.

10         2.  Within a reasonable time after taking the child,

11  commence a custody proceeding that is consistent with the

12  federal Parental Kidnapping Prevention Act, 28 U.S.C. s.

13  1738A, or the Uniform Child Custody Jurisdiction and

14  Enforcement Act, ss. 61.501-61.542 ss. 61.1302-61.1348.

15         3.  Inform the sheriff's office or state attorney's

16  office for the county in which the child resided at the time

17  he or she was taken of any change of address or telephone

18  number of the person and child.

19         Section 31.  Present subsections (2), (3), and (4) of

20  section 943.135, Florida Statutes, are redesignated as

21  subsections (3), (4), and (5), respectively, and a new

22  subsection (2) is added to that section, to read:

23         943.135  Requirements for continued employment.--

24         (2)  The commission shall permit an employing agency to

25  allow an officer to meet up to 3 hours of the 40 hours of

26  required continuing education and training by volunteering at

27  a community-based, not-for-profit organization that serves

28  children or families who have experienced or are at risk for

29  child abuse or domestic violence, including, but not limited

30  to, a supervised visitation program as provided for in chapter

31  753. This special population poses complex challenges to law


                                  73

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1  enforcement officers. Continuing education and training

  2  through community service provides a unique learning

  3  opportunity for officers to understand the special needs of

  4  this group of constituents, build community relations, and

  5  provide a visible presence of law enforcement officers in the

  6  community. Volunteer time applied as continuing education and

  7  training under this subsection may include time spent in

  8  providing security services but does not substitute for the

  9  continuing education in domestic violence required under s.

10  943.1701.

11         Section 32.  Subsection (2) of section 943.171, Florida

12  Statutes, is amended to read:

13         943.171  Basic skills training in handling domestic

14  violence cases.--

15         (2)  As used in this section, the term:

16         (a)  "Domestic violence" has the same meaning ascribed

17  in s. 741.28 means any assault, battery, sexual assault,

18  sexual battery, or any criminal offense resulting in the

19  physical injury or death of one family or household member by

20  another who is or was residing in the same single dwelling

21  unit.

22         (b)  "Household member" has the same meaning ascribed

23  in s. 741.28 means spouse, former spouse, persons related by

24  blood or marriage, persons who are presently residing

25  together, as if a family, or who have resided together in the

26  past, as if a family, and persons who have a child in common

27  regardless of whether they have been married or have resided

28  together at any time.

29         Section 33.  Section 943.254, Florida Statutes, is

30  created to read:

31         943.254  Volunteer work by law enforcement officers.--


                                  74

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1         (1)  An employing agency may operate or administer a

  2  program for law enforcement officers to provide volunteer

  3  security services during off-duty hours at a community-based,

  4  not-for-profit program that serves children or families who

  5  have experienced or are at risk for child abuse or domestic

  6  violence and that presents a potential danger to staff or

  7  clients. A community-based, not-for-profit program may

  8  include, but need not be limited to, a supervised visitation

  9  program administered under chapter 753.

10         (2)  Any community-based, not-for-profit program at

11  which a law enforcement officer volunteers is responsible for

12  the acts or omissions of the law enforcement officer while

13  performing services for that program off duty. However, for

14  purposes of coverage under the Workers' Compensation Law, a

15  law enforcement officer who volunteers, as provided in this

16  section, and who meets the provisions of s. 440.091 shall be

17  considered to have been acting within the course of

18  employment, pursuant to s. 440.091.

19         (3)  A law enforcement officer who volunteers during

20  off-duty hours as provided in this section is exempt from the

21  licensure requirements of chapter 493 for persons who provide

22  security or investigative services.

23         Section 34.  (1)  The Department of Revenue and the

24  Office of State Courts Administrator may pursue authorization

25  to use funds available under Title IV-D of the Social Security

26  Act, 42 U.S.C. ss. 651 et seq., for the purpose of providing

27  mediation services in Title IV-D cases.

28         (2)  Contingent upon a specific appropriation, the

29  Office of State Courts Administrator shall conduct a Title

30  IV-D mediation pilot study for the purpose of determining the

31  cost allocation plan for Title IV-D allowable and


                                  75

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1  non-allowable activities included in mediation of Title IV-D

  2  cases and evaluating the potential impact of mediation on

  3  Title IV-D child support cases and Title IV-D performance

  4  measures, including both incentive measures and time

  5  standards. The mediation services provided by this pilot study

  6  will not be limited to child support, but include other

  7  parenting issues as needed. The mediation pilot study

  8  conducted by the Office of State Courts Administrator will be

  9  implemented in consultation with and with the assistance of

10  the Department of Revenue. The Office of State Courts

11  Administrator will submit a final report on the evaluation of

12  the pilot study to the appropriate substantive committees in

13  the Senate and House of Representatives by June 30, 2004.

14         Section 35.  (1)  The Legislature finds that underlying

15  problems experienced by many families often form the basis for

16  their interaction with the judicial system. Assisting families

17  with these underlying problems will enhance their functioning

18  and their ability to constructively resolve their disputes and

19  should also result in more effective court resolution of

20  family cases and minimize future court intervention.

21  Therefore, it is the intent of the Legislature that the

22  circuit courts and social service agencies collaborate to

23  assist families with the circumstances and problems that are

24  contributing to their legal issues and need for judicial

25  intervention.

26         (2)  The Legislature requests that the chief judge of

27  each circuit court initiate, develop, and maintain a

28  collaboration initiative between the circuit court and the

29  social service agencies in the community to address the

30  interrelated legal and nonlegal problems of children and

31  families involved in the court system in order to improve the


                                  76

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1  families' functioning and reduce their need for judicial

  2  intervention. This collaboration initiative should include, at

  3  the discretion of the chief judge, a broad cross-section of

  4  the social service agencies in the community that assist

  5  children or members of their families with any basic need or

  6  functional problem that, if not addressed, could contribute to

  7  their use of the judicial system. For purposes of this

  8  section, the term "social services" means the continuum of

  9  private and public services including, but is not limited to,

10  services related to the safety of the child or family,

11  education, health care, economic support, parenting,

12  employment, domestic violence, substance abuse, mental health,

13  law enforcement, and special needs of the children or adults.

14         (3)  The Legislature requests that social service

15  agencies cooperate with and participate in the collaboration

16  initiative.

17         (4)  Goals of the collaboration initiatives include,

18  but need not be limited to:

19         (a)  Improving the availability of social services for

20  children and families who are found in the court system to be

21  in need of services which will address their legal and

22  nonlegal problems.

23         (b)  Avoiding duplication of services from multiple

24  agencies that are responsible for assisting families.

25         (c)  Eliminating unnecessary delay in providing

26  appropriate services to children and families.

27         (d)  Improving communication between the social

28  services agencies and the courts.

29         (5)  The Legislature recognizes that the Supreme Court

30  has required each circuit to create a family law advisory

31  group to provide communication among all stakeholders in the


                                  77

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1  family court system and that many communities have existing

  2  initiatives for coordinating social services which have common

  3  or similar goals. Initiatives for collaboration should not

  4  duplicate these efforts, but instead, should use the family

  5  law advisory group and, to the fullest extent possible, use

  6  existing initiatives in the community for coordinating social

  7  services to accomplish the collaboration.

  8         (6)  The following elements are steps that may be used

  9  to guide the building of the partnership between the court

10  system and the social services system and to achieve the

11  purpose and goals of the collaboration initiative:

12         (a)  Gain knowledge of the services available in the

13  community for children and families.

14         (b)  Reach an understanding of each system's needs,

15  processes, operational parameters, goals, and expectations.

16         (c)  Reach consensus on the changed behaviors or

17  outcomes expected from services and reasonable timeframes for

18  delivering services.

19         (d)  Identify where limited funding and existing

20  priority populations result in lack of services.

21         (e)  Reach consensus on the roles of the court system

22  and social services systems in the identification, referral,

23  service provision, and follow-up phases of service delivery to

24  children and families.

25         (f)  Reach consensus on respective roles of the court

26  and individual social service agencies in implementing

27  individual service plans for families and children.

28         (g)  Determine the most appropriate form or model for

29  establishing partnerships within the community at a system

30  level and at the level of an individual child and family.

31  


                                  78

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1         (h)  Determine the gaps in services and establish

  2  partnerships to develop and implement needed services that

  3  address the identified gaps.

  4         (i)  Encourage greater flexibility in the court and

  5  social services systems and flexibility in funding in order to

  6  address the needs of children and families.

  7         (j)  Determine the changes in coordination or changes

  8  in the system which are necessary to improve the availability

  9  of services to children and families.

10         (k)  Determine how the systems can be more accountable

11  for enforcing existing laws that positively impact children

12  and families in court.

13         (l)  Determine how the courts can use existing

14  evaluations performed by different social services agencies to

15  reduce the duplication of child and family evaluations needed

16  for decisionmaking by the court.

17         (m)  Encourage the exchange of information among social

18  service agencies and the courts in providing services to

19  children and families.

20         (7)  The Legislature requests that the Supreme Court

21  incorporate within the responsibilities of the Family Court

22  Steering Committee the duties of providing ongoing guidance to

23  the circuit courts' collaboration initiatives, identifying and

24  addressing statewide barriers to effective collaboration, and

25  identifying and implementing practices and policies that would

26  facilitate effective collaboration. For the purposes of this

27  state-level collaboration initiative, ongoing dialogue should

28  be established among the representatives of the circuit

29  courts, state agencies, and state organizations that represent

30  the public and private social services and that are or should

31  be participating in the community collaboration initiatives.


                                  79

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1         (8)  The Office of State Courts Administrator shall

  2  submit to the President of the Senate and the Speaker of the

  3  House of Representatives a copy of the report required by the

  4  Supreme Court on the progress of the family law advisory group

  5  in each circuit. The Legislature requests that this report

  6  include the progress of the family law advisory groups as it

  7  pertains to developing communication and collaboration with

  8  the social services in the circuits. The report must also

  9  identify any barriers to effective collaboration and must

10  include recommendations for legislation to facilitate the

11  building of the partnership between the circuit courts and

12  social services identified by the Family Court Steering

13  Committee's Committee. The first report must be submitted by

14  June 30, 2003.

15         Section 36.  (1)(a)  The Legislature finds that a

16  significant number of children served by the Department of

17  Juvenile Justice also come under the jurisdiction of the

18  Department of Children and Family Services, either

19  simultaneously or following placement with the Department of

20  Juvenile Justice. The children who cross the jurisdiction of

21  the Department of Juvenile Justice's delinquency system and

22  the Department of Children and Family Services' dependency

23  system often have difficulty or cannot access needed services

24  of one or both systems. These "cross-over" children include,

25  but are not limited to, children who have reached the maximum

26  time for detention or commitment and are locked out of their

27  homes, children who have committed domestic violence on

28  another family member and cannot return home, and children who

29  do not meet the criteria for detention.

30  

31  


                                  80

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1         (b)  The Legislature also finds that these children

  2  also attend local schools that play a vital role in their

  3  lives and the success of their interventions.

  4         (c)  The Legislature further finds that strong,

  5  productive coordination and cooperation among the Department

  6  of Juvenile Justice, the Department of Children and Family

  7  Services, and the Department of Education is essential to the

  8  goal of successfully serving these children.

  9         (2)  To that end, the Secretary of Juvenile Justice

10  shall organize and act as the chairperson of an interagency

11  workgroup involving, at a minimum, the Secretary of Children

12  and Family Services and the Commissioner of Education. The

13  workgroup shall accomplish at least the following goals:

14         (a)  Identify issues that make it difficult to serve

15  "cross-over" children of the Department of Juvenile Justice

16  and the Department of Children and Family Services;

17         (b)  Identify issues involving local school districts

18  and these children and the role schools can play in assisting

19  the Department of Juvenile Justice and the Department of

20  Children and Family Services in serving these children;

21         (c)  Develop short-term and long-term strategies to

22  address these goals using the resources and authority

23  currently vested with these agencies, including, but not

24  limited to, sharing resources, timeframes for developing

25  aftercare plans, and joint planning for children who will move

26  from the jurisdiction of one agency to the jurisdiction of

27  another agency;

28         (d)  Identify any statutory, fiscal, and other

29  inhibitor to the short-term and long-term strategies and

30  develop proposals for removing those inhibitors; and

31  


                                  81

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1         (e)  Develop and execute an interagency agreement

  2  specifying protocols for handling the identified issues that

  3  can be managed within existing authority and resources and

  4  articulate a mutual plan for addressing the issues that

  5  require additional resources or authority, including the

  6  manner in which the Department of Juvenile Justice, the

  7  Department of Children and Family Services, and the Department

  8  of Education shall:

  9         1.  Establish a working relationship to provide

10  appropriate services to the "cross-over" children and to

11  ensure that the agencies' respective funds are spent in the

12  most efficient manner possible;

13         2.  Coordinate responses to court orders relative to

14  "cross-over" children, regardless of whether the circumstances

15  of the children and families fall or do not fall clearly

16  within the jurisdiction of one department;

17         3.  Handle the identified issues that can be managed

18  within existing authority and resources and articulate a

19  mutual plan for addressing the issues that require additional

20  resources or authority; and

21         4.  Conduct regular meetings, share information

22  concerning specific children and families, and resolve

23  disagreements between the departments regarding the

24  "cross-over" children and the administration of protocols.

25         (3)  The workgroup is encouraged to draw on the

26  expertise of appropriate groups such as the Florida Supreme

27  Court committees, the Florida Network of Youth and Family

28  Services, the Florida Association of Counties, local school

29  boards, the Florida Council for Behavioral Health, the Florida

30  Alcohol and Drug Abuse Association, and other groups in

31  addressing the issues identified by the workgroup. The


                                  82

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1  workgroup may form subcommittees to develop strategies for

  2  addressing identified issues.

  3         (4)  The Department of Juvenile Justice shall report on

  4  the accomplishments of the workgroup in addressing each of the

  5  five identified goals and any others added by the workgroup.

  6  The report must include a copy of the interagency agreement

  7  and the plan for ensuring local adoption of the interagency

  8  agreement. The department shall submit a written report to the

  9  President of the Senate and the Speaker of the House of

10  Representatives by January 31, 2003.

11         Section 37.  (1)  In order for a unified family court

12  model to function effectively, efficiently, consistently, and

13  fairly, each participant in the unified family court model

14  must determine its information needs and assess its technology

15  support and resources for meeting those needs. The

16  participants in the family court model must cooperate and

17  collaborate to develop the most efficient and cost-effective

18  information system and to determine how to fund such a system.

19  That system should provide for collecting, storing,

20  retrieving, accessing, and sharing needed information.

21         (2)  The State Technology Office is encouraged to

22  assist the courts and clerks of courts in establishing a

23  workgroup by July 1, 2002, to develop an information system

24  based on the assessment of the information needs of the

25  participants in the unified family court model. The workgroup

26  should initially focus on processing information for

27  identifying, tracking, processing, and linking related cases

28  involving the same family members. The workgroup may also work

29  on other issues identified by the participants as facilitating

30  the operations of programs of the unified family court model

31  


                                  83

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1226 & CS for SB 734                 First Engrossed



  1  and facilitating the provision of services to families before

  2  the court.

  3         (3)  The final report of the workgroup should be

  4  provided to the Legislature by February 1, 2003. The report

  5  should identify, at a minimum, the information needs of the

  6  courts, the clerks of court, the agencies, and other

  7  stakeholders in programs of the unified family court model;

  8  the information technology needed to facilitate the provision

  9  and exchange of necessary information to, within, and from the

10  court under a unified family court model; the information

11  system that will meet those needs; the funding needs and

12  funding sources; and any other recommendations for legislative

13  action.

14         Section 38.  If any provision of this act or its

15  application to any person or circumstance is held invalid, the

16  invalidity does not affect other provisions or applications of

17  the act which can be given effect without the invalid

18  provision or application, and to this end the provisions of

19  this act are severable.

20         Section 39.  This act shall take effect July 1, 2002.

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  


                                  84

CODING: Words stricken are deletions; words underlined are additions.