Senate Bill sb0734c1
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Florida Senate - 2002 CS for SB 734
By the Committee on Children and Families
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1 A bill to be entitled
2 An act relating to family services; amending
3 ss. 25.385, 39.902, 741.28, 943.171, F.S.;
4 redefining the terms "domestic violence,"
5 "family or household member," and "dating
6 relationship" for purposes of cases involving
7 domestic violence; creating s. 44.1012, F.S.;
8 providing legislative intent with respect to
9 making a continuum of alternatives to
10 litigation available to families; amending s.
11 44.108, F.S.; increasing the service charge for
12 modifying a final judgment of dissolution;
13 requiring that proceeds from the service charge
14 be deposited into the state mediation and
15 arbitration trust fund; creating s. 44.202,
16 F.S.; requiring the Supreme Court to develop
17 presuit-mediation pilot programs; providing for
18 the funds deposited into the state mediation
19 and arbitration trust fund to be used to
20 develop the programs; providing requirements
21 for the programs; requiring a report to the
22 Legislature concerning the evaluation of the
23 presuit-mediation pilot programs; amending s.
24 61.21, F.S.; revising the timeframe for
25 completing a parenting course; repealing ss.
26 753.001, 753.002, 753.004, F.S., relating to
27 the Florida Family Visitation Network; creating
28 ss. 753.01, 753.02, 753.03, 753.04, 753.05,
29 753.06, 753.07, 753.08, 753.09, F.S.; providing
30 legislative intent with respect to
31 administering supervised visitation programs;
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1 defining terms; providing for the development
2 of standards for the certification of
3 supervised visitation programs; requiring
4 compliance with interim minimum standards;
5 providing for security of the supervised
6 visitation programs; requiring the
7 Clearinghouse on Supervised Visitation to
8 develop training materials; providing for the
9 clearinghouse to develop and implement a
10 mechanism for data collection; providing for
11 the clearinghouse to develop standards for
12 supervised visitation programs; requiring a
13 report to the Legislature; amending s. 943.135,
14 F.S.; requiring the Criminal Justice Standards
15 and Training Commission to allow agencies
16 employing law enforcement officers to authorize
17 volunteer service as a means of fulfilling
18 requirements for continuing education; creating
19 943.254, F.S.; authorizing law enforcement
20 agencies to administer a volunteer program for
21 officers to provide security services during
22 off-duty hours for certain community programs;
23 authorizing the Department of Revenue and the
24 Office of State Courts Administrator to obtain
25 authorization for the courts to use specified
26 funds for mediation services; providing an
27 appropriation to conduct certain studies;
28 providing legislative intent with respect to
29 the development of a collaborative initiative
30 with social service agencies by circuit judges;
31 providing for goals and elements of the
2
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1 collaborative initiative; requesting that the
2 Supreme Court provide guidance to the circuit
3 courts in developing the collaborative
4 initiatives; requiring a report to the
5 Legislature; requiring the Department of
6 Juvenile Justice to organize an interagency
7 workgroup; specifying the goals of the
8 interagency workgroup; requiring a report to
9 the Legislature on the accomplishments of the
10 interagency workgroup; requesting the Supreme
11 Court to establish a process for filing
12 stipulated agreements that does not necessitate
13 a court appearance; providing an effective
14 date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Subsection (2) of section 25.385, Florida
19 Statutes, is amended to read:
20 25.385 Standards for instruction of circuit and county
21 court judges in handling domestic violence cases.--
22 (2) As used in this section:
23 (a) The term "domestic violence" has the same meaning
24 ascribed in s. 741.28 means any assault, battery, sexual
25 assault, sexual battery, or any criminal offense resulting in
26 physical injury or death of one family or household member by
27 another, who is or was residing in the same single dwelling
28 unit.
29 (b) "Family or household member" has the same meaning
30 ascribed in s. 741.28 means spouse, former spouse, persons
31 related by blood or marriage, persons who are presently
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1 residing together, as if a family, or who have resided
2 together in the past, as if a family, and persons who have a
3 child in common regardless of whether they have been married
4 or have presently residing together, as if a family, or who
5 have resided together in the past, as if a family, and persons
6 who have a child in common regardless of whether they have
7 been married or have resided together at any time.
8 Section 2. Subsections (1) and (3) of section 39.902,
9 Florida Statutes, are amended to read:
10 39.902 Definitions.--As used in this part, the term:
11 (1) "Domestic violence" has the same meaning ascribed
12 in s. 741.28 means any assault, battery, sexual assault,
13 sexual battery, or any criminal offense resulting in physical
14 injury or death of one family or household member by another
15 who is or was residing in the same single dwelling unit.
16 (3) "Family or household member" has the same meaning
17 ascribed in s. 741.28 means spouses, former spouses, adults
18 related by blood or marriage, persons who are presently
19 residing together as if a family or who have resided together
20 in the past as if a family, and persons who have a child in
21 common regardless of whether they have been married or have
22 resided together at any time.
23 Section 3. Section 44.1012, Florida Statutes, is
24 created to read:
25 44.1012 Continuum of alternatives to litigation;
26 legislative intent.--It is the intent of the Legislature that
27 a range of alternatives to judicial action be available to
28 families in order to reduce the level of costly court
29 intervention required to resolve disputes. Communities, with
30 the involvement of the courts, are encouraged to provide
31 families with a continuum of options that educate parents and
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1 children concerning the constructive resolution of conflicts,
2 that assist families in resolving their disputes and future
3 disputes prior to court intervention, and that assist families
4 involved in judicial intervention to reach agreement and
5 resolve their disputes.
6 Section 4. Section 44.108, Florida Statutes, as
7 amended by section 8 of chapter 2001-122, Laws of Florida, is
8 amended to read:
9 44.108 Funding of mediation and
10 arbitration.--Mediation should be accessible to all parties
11 regardless of financial status.
12 (1) Each board of county commissioners may support
13 mediation and arbitration services by appropriating moneys
14 from county revenues and by:
15 (a)(1) Levying, in addition to other service charges
16 levied by law, a service charge of no more than $5 on any
17 circuit court proceeding, which shall be deposited in the
18 court's mediation-arbitration account fund under the
19 supervision of the chief judge of the circuit in which the
20 county is located; and
21 (b)(2) Levying, in addition to other service charges
22 levied by law, a service charge of no more than $5 on any
23 county court proceeding, which shall be deposited in the
24 county's mediation-arbitration account fund to be used to fund
25 county civil mediation services under the supervision of the
26 chief judge of the circuit in which the county is located.
27 (2)(3) A fee of $65 is levied Levying, in addition to
28 other service charges levied by law, a service charge of no
29 more than $45 on any petition for a modification of a final
30 judgment of dissolution. Of this sum, $44, which shall be
31 deposited in the court's family mediation account fund to be
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1 used to fund family mediation services under the supervision
2 of the chief judge of the circuit in which the county is
3 located. The sum of $21 shall be forwarded to the Department
4 of Revenue for deposit in the state mediation and arbitration
5 trust fund, $1 of which shall be used by the Supreme Court to
6 carry out its responsibilities set forth in s. 44.106 and the
7 remaining $20 shall be used by the Supreme Court to carry out
8 its responsibilities set forth in s. 44.202.
9 (3)(4) If a board of county commissioners levies the
10 service charge authorized in paragraph (1)(a) or paragraph
11 (1)(b) subsection (1), subsection (2), or subsection (3), the
12 clerk of the court shall forward $1 of each charge to the
13 Department of Revenue for deposit in the state mediation and
14 arbitration trust fund which is hereby established. Such fund
15 shall be used by the Supreme Court to carry out its
16 responsibilities set forth in s. 44.106.
17 Section 5. Section 44.202, Florida Statutes, is
18 created to read:
19 44.202 Presuit-mediation pilot programs.--
20 (1) The Supreme Court shall use the funds deposited
21 into the state mediation and arbitration trust fund under s.
22 44.108(2) and designated for this section to provide
23 court-ordered family mediation and to implement
24 presuit-mediation pilot programs designed to prevent or
25 minimize court appearances by the parties. At the discretion
26 of the Supreme Court, up to 50 percent of the funds deposited
27 into the mediation and arbitration trust fund under s.
28 44.108(2) and designated for this section may be used to
29 ensure that a minimum level of court-ordered mediation for
30 family matters is available in each of the circuits. The
31 Supreme Court's use of funds deposited into the mediation and
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1 arbitration trust fund under s. 44.108(2) and designated for
2 this section is contingent upon the establishment and
3 utilization by the presuit-mediation pilot programs of a
4 formal process that encourages and facilitates the filing of
5 stipulated agreements in post-judgment family-law matters;
6 such process should provide for consideration of the
7 stipulated agreements by the court without necessitating an
8 appearance before the court.
9 (2) The purpose of the presuit-mediation pilot
10 programs is to facilitate and evaluate a process for modifying
11 or enforcing a final judgment involving dissolution of
12 marriage, paternity, spousal support, parental responsibility,
13 child support, custody, or visitation while preventing or
14 minimizing court appearances. The pilot programs should be
15 offered to parties before the filing of a supplemental
16 petition to modify a final judgment or a motion to enforce a
17 final judgment, focusing on families who could otherwise not
18 afford mediation.
19 (3) The presuit-mediation pilot programs established
20 pursuant to this section shall meet the purpose as defined in
21 subsection (2), and shall:
22 (a) Meet the statutory provisions provided for presuit
23 mediation in s. 44.102.
24 (b) Be available to the parties on a voluntary basis.
25 The parties shall retain any rights to a hearing before the
26 court on the supplemental petition to modify a final judgment
27 or motion to enforce a final judgment.
28 (c) Exclude cases involving temporary or final
29 judgments entered pursuant to chapter 741.
30 (d) Provide families with the opportunity to mediate a
31 disputed family matter before filing a supplemental petition
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1 with the court to modify a final judgment or a motion to
2 enforce a final judgment and to enter an agreed upon
3 stipulated agreement without a court appearance.
4 (e) Provide for the following:
5 1. Each party shall be provided with a signed copy of
6 the mediated agreement;
7 2. Each party shall be provided the opportunity to
8 waive his or her right to a hearing and consent in writing to
9 the entry of the mediated agreement without a hearing or to
10 request a hearing before the court on the supplemental
11 petition to modify a final judgment or motion to enforce a
12 final judgment as part of the filing process with the court.
13 3. The court, in its discretion, may enter an order
14 adopting the mediated agreement without the appearance of the
15 parties.
16 4. If the mediated agreement to modify a final
17 judgment is accepted by the court, it shall be made a part of
18 the order modifying the final judgment.
19 (4) The Office of the State Courts Administrator shall
20 evaluate the presuit-mediation pilot programs. The evaluation
21 shall include, but not be limited to: the use of the pilot
22 programs; the number of mediated agreements reached; the
23 number of mediated agreements adopted by the court, with and
24 without a court appearance; the number of court hearings
25 avoided; an estimated amount of court time saved; and an
26 examination of the mediated agreements. A report on the
27 evaluation of the presuit-mediation pilot programs shall be
28 submitted to the President of the Senate and the Speaker of
29 the House of Representatives by December 31, 2004.
30 Section 6. Subsections (3) and (4) of section 61.21,
31 Florida Statutes, are amended to read:
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1 61.21 Parenting course authorized; fees; required
2 attendance authorized; contempt.--
3 (3) All parties to a dissolution of marriage
4 proceeding with minor children or a paternity action which
5 involves issues of parental responsibility shall be required
6 to complete the Parent Education and Family Stabilization
7 Course prior to the entry by the court of a final judgment.
8 The court may excuse a party from attending the parenting
9 course or meeting the required timeframe for completing the
10 course for good cause.
11 (4) All parties required to complete a parenting
12 course under this section shall begin the course as
13 expeditiously as possible after filing for dissolution of
14 marriage or filing a paternity action. The petitioner of the
15 dissolution-of-marriage action or paternity action must
16 complete the course within 45 days after filing. The other
17 party to the dissolution-of-marriage action or paternity
18 action must complete the course within 45 days after service
19 of the petition. All parties and shall file proof of
20 compliance with the court prior to the entry of the final
21 judgment.
22 Section 7. 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) "Dating relationship" means a relationship between
27 individuals who have or have had a continuing relationship of
28 a romantic or intimate nature. The existence of such a
29 relationship shall be determined based on the consideration of
30 the length of the relationship, the nature of the
31 relationship, and the frequency and type of interaction
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1 between the persons involved in the relationship. However, the
2 term does not include a casual acquaintanceship or ordinary
3 fraternization between persons in a business or social
4 context.
5 (2) "Department" means the Florida Department of Law
6 Enforcement.
7 (3)(1) "Domestic violence" means any assault,
8 aggravated assault, battery, aggravated battery, sexual
9 assault, sexual battery, stalking, aggravated stalking,
10 kidnapping, false imprisonment, or any criminal offense
11 resulting in physical injury or death of one family or
12 household member by another who is or was residing in the same
13 single dwelling unit.
14 (4)(2) "Family or household member" means spouses,
15 former spouses, persons who have or have had a dating
16 relationship, persons related by blood or marriage, persons
17 who are presently residing together as if a family or who have
18 resided together in the past as if a family, and persons who
19 are parents of have a child in common regardless of whether
20 they have been married or have resided together at any time.
21 With the exception of persons who are parents of a child in
22 common, or who have or have had a dating relationship, the
23 family or household members must be currently residing or have
24 in the past resided together in the same single dwelling unit.
25 (3) "Department" means the Florida Department of Law
26 Enforcement.
27 (5)(4) "Law enforcement officer" means any person who
28 is elected, appointed, or employed by any municipality or the
29 state or any political subdivision thereof who meets the
30 minimum qualifications established in s. 943.13 and is
31 certified as a law enforcement officer under s. 943.1395.
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1 Section 8. Sections 753.001, 753.002, and 753.004,
2 Florida Statutes, are repealed.
3 Section 9. Sections 753.01, 753.02, 753.03, 753.04,
4 753.05, 753.06, 753.07, 753.08, and 753.09, Florida Statutes,
5 are created to read:
6 753.01 Supervised visitation programs; legislative
7 findings and intent.--The Legislature finds that there are
8 children in this state who have been adjudicated dependent by
9 the court and, as a result, are ordered into out-of-home
10 placements. The Legislature further finds that a large number
11 of children experience the separation or divorce of their
12 parents and that some of these children have been determined
13 by the court to be at risk or are potentially at risk for
14 physical, emotional, or sexual abuse; parental abduction;
15 domestic violence; or other harm as a result of parental
16 impairment due to substance abuse or other conditions. The
17 Legislature also finds that exposing children to the parents'
18 continuing conflicts is detrimental to the children. The
19 Legislature recognizes the importance of maintaining contact
20 between children and their nonresidential parents while
21 ensuring the safety of those children from further or
22 potential abuse, danger, or flight. The Legislature further
23 recognizes the importance of minimizing the circumstances in
24 which children are exposed to the parents' anger and disputes.
25 Supervised visitation programs provide a critically needed
26 service in offering children and nonresidential parents the
27 opportunity to maintain a relationship in a safe environment
28 and facilitating safe contact between perpetrators of domestic
29 violence and their children. By recognizing the necessity of
30 ensuring the safety of children, parents, and staff in child
31 visitations and exchanges and offering a quality service that
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1 meets the multiple visitation and exchange needs of families,
2 parents, and courts, the Legislature intends, subject to
3 available funding, to provide for uniform standards,
4 strengthened security, training, and certification of the
5 supervised visitation programs in this state.
6 753.02 Definitions.--As used in this chapter, the
7 term:
8 (1) "Client" means the residential parent,
9 nonresidential parent, caregiver, or child receiving services
10 under a supervised visitation program.
11 (2) "Supervised exchange" means the supervision of the
12 movement of the child from the residential parent to the
13 nonresidential parent at the start of the visitation, and from
14 the nonresidential parent back to the residential parent at
15 the end of the visitation.
16 (3) "Supervised visitation" means the contact between
17 a nonresidential parent and child which occurs in the presence
18 of an independent third party.
19 (4) "Supervised visitation program" means a program
20 created to offer safe and structured supervised visitation and
21 supervised exchange.
22 753.03 Comprehensive standards for supervised
23 visitation programs.--
24 (1) Standards shall be developed, pursuant to s.
25 753.09, for certifying supervised visitation programs in this
26 state to ensure the safety and quality of the program. These
27 standards are intended to provide a uniform set of guidelines
28 that will be used by all supervised visitation programs and be
29 required by the courts, the Department of Children and Family
30 Services, and other entities that refer families for
31 supervised visitation and supervised exchange services. The
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1 standards developed must be comprehensive and address the
2 purpose, policies, standards of practice, program content,
3 security measures, qualifications of providers, training,
4 credentials of staff, information to be provided to the court
5 and by the court, data collection, and procedures for
6 supervised visitation programs.
7 (2) These standards will form the basis for
8 certification of supervised visitation programs.
9 (3) Before implementing a certification process, each
10 supervised visitation program is encouraged to voluntarily
11 comply with the comprehensive standards developed under s.
12 753.09.
13 753.04 Certification and monitoring of supervised
14 visitation programs.--
15 (1) A process for certifying and monitoring the
16 initial and ongoing compliance of a supervised visitation
17 program with comprehensive standards developed under s. 753.09
18 shall be phased in, contingent upon the allocation and
19 availability of funds. The first phase of the certification
20 process must emphasize compliance with the standards relating
21 to security.
22 (2) Once the certification process is fully
23 implemented, a supervised visitation program must be certified
24 in order to receive state or federal funds. A program must be
25 certified in order to be a program to which the court may
26 order parties for supervised visitation or supervised exchange
27 services.
28 753.05 Interim minimum standards for supervised
29 visitation programs.--
30 (1) Until the comprehensive standards for supervised
31 visitation programs are developed under s. 753.03 and a
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1 certification and monitoring process implemented, each
2 supervised visitation program must comply with the "Minimum
3 Standards for Supervised Visitation Programs Agreements"
4 adopted by the Supreme Court as an administrative order on
5 November 18, 1999. Pursuant to this order, each supervised
6 visitation program shall enter into an agreement with the
7 circuit court within that geographic jurisdiction attesting to
8 the program's willingness to comply with the standards.
9 (2) Until the comprehensive standards for supervised
10 visitation programs are developed and a certification and
11 monitoring process implemented, a supervised visitation
12 program may not receive grant funds for access and visitation
13 under 42 U.S.C. s. 669b unless the program provides to the
14 state agency responsible for administering the grant
15 documentation verifying that the program has entered into an
16 agreement with the circuit court as required under subsection
17 (1). This subsection does not obligate the state agency
18 responsible for administering the grant to certify compliance
19 with the "Minimum Standards for Supervised Visitation Programs
20 Agreements."
21 753.06 Security in supervised visitation programs.--
22 (1) Due to the volatile nature of the client
23 relationships that created the need for supervised visitation
24 and supervised exchange services, the security of each
25 supervised visitation program is a paramount element of the
26 program. Therefore, the safety of the clients and program
27 staff shall be intrinsic in all aspects of the standards,
28 emphasized in all training, and a precondition of the
29 certification of a program.
30 (2) Each supervised visitation program is encouraged
31 to collaborate with local law enforcement agencies to
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1 facilitate volunteerism by law enforcement officers at
2 supervised visitation programs using such mechanisms as those
3 provided under ss. 943.254 and 943.135(2) and using
4 administrative leave permitted for state employees who
5 participate in community service programs.
6 753.07 Training for supervised visitation
7 programs.--Contingent upon the allocation or availability of
8 funding, the Clearinghouse on Supervised Visitation shall
9 develop, maintain, and update competency-based training
10 materials for supervised visitation which are appropriate to
11 meet the training needs of program staff. The Clearinghouse on
12 Supervised Visitation shall also provide training to staff of
13 the supervised visitation programs and track staff who meet
14 training requirements, to the extent permitted by available
15 funding.
16 753.08 Supervised visitation programs; data
17 collection.--Contingent upon the allocation or availability of
18 funding, the Clearinghouse on Supervised Visitation shall
19 develop and implement a mechanism for collecting data on
20 supervised visitation and supervised exchange services
21 provided in this state. The Clearinghouse on Supervised
22 Visitation shall collaborate with the state chapter of the
23 Supervised Visitation Network in determining the necessary
24 data to be collected and developing the data-collection
25 mechanism to ensure the viability and reasonableness of the
26 data requirements. Each supervised visitation program shall
27 maintain and submit the identified data to the Clearinghouse
28 on Supervised Visitation. The Clearinghouse on Supervised
29 Visitation shall maintain these data and annually compile the
30 information and make it available to the President of the
31 Senate, the Speaker of the House of Representatives, the
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1 courts, the Chief Justice of the Supreme Court, the Department
2 of Children and Family Services, and any other organization
3 represented on the advisory board provided for in s. 753.09.
4 753.09 Development of standards and a certification
5 process.--
6 (1) The Clearinghouse on Supervised Visitation within
7 the Institute for Family Violence Studies of the Florida State
8 University School of Social Work shall develop the standards
9 for the supervised visitation program. The Clearinghouse on
10 Supervised Visitation shall use an advisory board to assist in
11 developing the standards. The advisory board must include:
12 (a) Two members of the executive board of the state
13 chapter of the Supervised Visitation Network, appointed by the
14 president of the state chapter of the Supervised Visitation
15 Network.
16 (b) A representative from the Office of the State
17 Courts Administrator, appointed by the State Courts
18 Administrator.
19 (c) A representative from the Department of Children
20 and Family Services, appointed by the Secretary.
21 (d) A representative from the Florida Coalition
22 Against Domestic Violence, appointed by the executive director
23 of the Florida Coalition Against Domestic Violence.
24 (e) A representative from a state law enforcement
25 agency, appointed by the executive director of the Florida
26 Sheriffs Association.
27 (f) A family law judge, appointed by the Chief Justice
28 of the Supreme Court.
29 (g) Two representatives of supervised visitation
30 programs, appointed by the director of the clearinghouse.
31
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1 (h) A representative from the Junior League, selected
2 by the State Board of the Junior League.
3 (2) The Clearinghouse on Supervised Visitation, with
4 consultation from the advisory board, shall also develop
5 criteria for approving or rejecting certification of a
6 supervised visitation program, a process for phasing in the
7 standards and certification process, and a recommendation for
8 the state entity that should be charged with certifying and
9 monitoring supervised visitation programs.
10 (3) The Clearinghouse on Supervised Visitation shall
11 submit a report to the President of the Senate, the Speaker of
12 the House of Representatives, and the Chief Justice of the
13 Supreme Court by December 31, 2003. The standards for
14 supervised visitation programs and criteria for the
15 certification process shall be adopted by rule by the state
16 entity identified by the Legislature to be responsible for the
17 certification and monitoring process.
18 Section 10. Present subsections (2), (3), and (4) of
19 section 943.135, Florida Statutes, are redesignated as
20 subsections (3), (4), and (5), respectively, and a new
21 subsection (2) is added to that section, to read:
22 943.135 Requirements for continued employment.--
23 (2) The commission shall permit an employing agency to
24 allow an officer to meet up to 3 hours of the 40 hours of
25 required continuing education and training by volunteering at
26 a community-based, not-for-profit organization that serves
27 children or families who have experienced or are at risk for
28 child abuse or domestic violence, including, but not limited
29 to, a supervised visitation program as provided for in chapter
30 753. This special population poses complex challenges to law
31 enforcement officers. Continuing education and training
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1 through community service provides a unique learning
2 opportunity for officers to understand the special needs of
3 this group of constituents, build community relations, and
4 provide a visible presence of law enforcement officers in the
5 community. Volunteer time applied as continuing education and
6 training under this subsection may include time spent in
7 providing security services but does not substitute for the
8 continuing education in domestic violence required under s.
9 943.1701.
10 Section 11. Subsection (2) of section 943.171, Florida
11 Statutes, is amended to read:
12 943.171 Basic skills training in handling domestic
13 violence cases.--
14 (2) As used in this section, the term:
15 (a) "Domestic violence" has the same meaning ascribed
16 in s. 741.28 means any assault, battery, sexual assault,
17 sexual battery, or any criminal offense resulting in the
18 physical injury or death of one family or household member by
19 another who is or was residing in the same single dwelling
20 unit.
21 (b) "Household member" has the same meaning ascribed
22 in s. 741.28 means spouse, former spouse, persons related by
23 blood or marriage, persons who are presently residing
24 together, as if a family, or who have resided together in the
25 past, as if a family, and persons who have a child in common
26 regardless of whether they have been married or have resided
27 together at any time.
28 Section 12. Section 943.254, Florida Statutes, is
29 created to read:
30 943.254 Volunteer work by law enforcement officers.--
31
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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 13. (1) The Department of Revenue and the
24 Office of State Courts Administrator may pursue authorization
25 to use funds provided under Title IV-D of the Social Security
26 Act, 42 U.S.C. ss. 651 et seq., for mediation services.
27 (2) The sum of $______ is appropriated from the
28 General Revenue Fund to the Office of State Courts
29 Administrator to conduct the necessary time and staffing
30 studies to develop the cost-allocation plan required for funds
31 provided under Title IV-D. This appropriation may not be
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1 released until the Office of Child Support Enforcement of the
2 United States Department of Health and Human Services provides
3 tentative approval of the proposed cost-allocation plan
4 requiring a time and staffing study.
5 Section 14. (1) The Legislature finds that underlying
6 problems experienced by many families often form the basis for
7 their interaction with the judicial system. Assisting families
8 with these underlying problems will enhance their functioning
9 and their ability to constructively resolve their disputes and
10 should also result in more effective court resolution of
11 family cases and minimize future court intervention.
12 Therefore, it is the intent of the Legislature that the
13 circuit courts and social service agencies collaborate to
14 assist families with the circumstances and problems that are
15 contributing to their legal issues and need for judicial
16 intervention.
17 (2) The Legislature requests that the chief judge of
18 each circuit court initiate, develop, and maintain a
19 collaboration initiative between the circuit court and the
20 social service agencies in the community to address the
21 interrelated legal and nonlegal problems of children and
22 families involved in the court system in order to improve the
23 families' functioning and reduce their need for judicial
24 intervention. This collaboration initiative should include, at
25 the discretion of the chief judge, a broad cross-section of
26 the social service agencies in the community that assist
27 children or members of their families with any basic need or
28 functional problem that, if not addressed, could contribute to
29 their use of the judicial system. For purposes of this
30 section, the term "social services" means the continuum of
31 private and public services including, but is not limited to,
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1 services related to the safety of the child or family,
2 education, health care, economic support, parenting,
3 employment, domestic violence, substance abuse, mental health,
4 law enforcement, and special needs of the children or adults.
5 (3) The Legislature requests that social service
6 agencies cooperate with and participate in the collaboration
7 initiative.
8 (4) Goals of the collaboration initiatives include,
9 but need not be limited to:
10 (a) Improving the availability of social services for
11 children and families who are found in the court system to be
12 in need of services which will address their legal and
13 nonlegal problems.
14 (b) Avoiding duplication of services from multiple
15 agencies that are responsible for assisting families.
16 (c) Eliminating unnecessary delay in providing
17 appropriate services to children and families.
18 (d) Improving communication between the social
19 services agencies and the courts.
20 (5) The Legislature recognizes that the Supreme Court
21 has required each circuit to create a family law advisory
22 group to provide communication among all stakeholders in the
23 family court system and that many communities have existing
24 initiatives for coordinating social services which have common
25 or similar goals. Initiatives for collaboration should not
26 duplicate these efforts, but instead, should use the family
27 law advisory group and, to the fullest extent possible, use
28 existing initiatives in the community for coordinating social
29 services to accomplish the collaboration.
30 (6) The following elements are steps that may be used
31 to guide the building of the partnership between the court
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1 system and the social services system and to achieve the
2 purpose and goals of the collaboration initiative:
3 (a) Gain knowledge of the services available in the
4 community for children and families.
5 (b) Reach an understanding of each system's needs,
6 processes, operational parameters, goals, and expectations.
7 (c) Reach consensus on the changed behaviors or
8 outcomes expected from services and reasonable timeframes for
9 delivering services.
10 (d) Identify where limited funding and existing
11 priority populations result in lack of services.
12 (e) Reach consensus on the roles of the court system
13 and social services systems in the identification, referral,
14 service provision, and follow-up phases of service delivery to
15 children and families.
16 (f) Reach consensus on respective roles of the court
17 and individual social service agencies in implementing
18 individual service plans for families and children.
19 (g) Determine the most appropriate form or model for
20 establishing partnerships within the community at a system
21 level and at the level of an individual child and family.
22 (h) Determine the gaps in services and establish
23 partnerships to develop and implement needed services that
24 address the identified gaps.
25 (i) Encourage greater flexibility in the court and
26 social services systems and flexibility in funding in order to
27 address the needs of children and families.
28 (j) Determine the changes in coordination or changes
29 in the system which are necessary to improve the availability
30 of services to children and families.
31
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1 (k) Determine how the systems can be more accountable
2 for enforcing existing laws that positively impact children
3 and families in court.
4 (l) Determine how the courts can use existing
5 evaluations performed by different social services agencies to
6 reduce the duplication of child and family evaluations needed
7 for decisionmaking by the court.
8 (m) Encourage the exchange of information among social
9 service agencies and the courts in providing services to
10 children and families.
11 (7) The Legislature requests that the Supreme Court
12 incorporate within the responsibilities of the Family Court
13 Steering Committee the duties of providing ongoing guidance to
14 the circuit courts' collaboration initiatives, identifying and
15 addressing statewide barriers to effective collaboration, and
16 identifying and implementing practices and policies that would
17 facilitate effective collaboration. For the purposes of this
18 state-level collaboration initiative, ongoing dialogue should
19 be established among the representatives of the circuit
20 courts, state agencies, and state organizations that represent
21 the public and private social services and that are or should
22 be participating in the community collaboration initiatives.
23 (8) The Office of State Courts Administrator shall
24 submit to the President of the Senate and the Speaker of the
25 House of Representatives a copy of the report required by the
26 Supreme Court of each circuit on the progress of the family
27 law advisory group. The Legislature requests that this report
28 include the progress of the family law advisory group as it
29 pertains to developing communication and collaboration with
30 the social services in the circuits. Any barriers to effective
31 collaboration and recommendations for legislation to
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1 facilitate the building of the partnership between the circuit
2 courts and social services identified by the Family Court
3 Steering Committee's Committee should also be included in the
4 report to the Legislature. The first report must be submitted
5 by June 30, 2003.
6 Section 15. (1)(a) The Legislature finds that a
7 significant number of children served by the Department of
8 Juvenile Justice also come under the jurisdiction of the
9 Department of Children and Family Services, either
10 simultaneously or following placement with the Department of
11 Juvenile Justice. The children who cross the jurisdiction of
12 the Department of Juvenile Justice's delinquency system and
13 the Department of Children and Family Services' dependency
14 system often have difficulty or cannot access needed services
15 of one or both systems. These "cross-over" children include,
16 but are not limited to, children who have reached the maximum
17 time for detention or commitment and are locked out of their
18 homes, children who have committed domestic violence on
19 another family member and cannot return home, and children who
20 do not meet the criteria for detention.
21 (b) The Legislature also finds that these children
22 also attend local schools that play a vital role in their
23 lives and the success of their interventions.
24 (c) The Legislature further finds that strong,
25 productive coordination and cooperation among the Department
26 of Juvenile Justice, the Department of Children and Family
27 Services, and the Department of Education is essential to the
28 goal of successfully serving these children.
29 (2) To that end, the Secretary of Juvenile Justice
30 shall organize and act as the chairperson of an interagency
31 workgroup involving, at a minimum, the Secretary of Children
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1 and Family Services and the Commissioner of Education. The
2 workgroup shall accomplish at least the following goals:
3 (a) Identify issues that make it difficult to serve
4 "cross-over" children of the Department of Juvenile Justice
5 and the Department of Children and Family Services;
6 (b) Identify issues involving local school districts
7 and these children and the role schools can play in assisting
8 the Department of Juvenile Justice and the Department of
9 Children and Family Services in serving these children;
10 (c) Develop short-term and long-term strategies to
11 address these goals using the resources and authority
12 currently vested with these agencies, including, but not
13 limited to, sharing resources, timeframes for developing
14 aftercare plans, and joint planning for children who will move
15 from the jurisdiction of one agency to the jurisdiction of
16 another agency;
17 (d) Identify any statutory, fiscal, and other
18 inhibitor to the short-term and long-term strategies and
19 develop proposals for removing those inhibitors; and
20 (e) Develop and execute an interagency agreement
21 specifying protocols for handling the identified issues that
22 can be managed within existing authority and resources and
23 articulate a mutual plan for addressing the issues that
24 require additional resources or authority, including the
25 manner in which the Department of Juvenile Justice, the
26 Department of Children and Family Services, and the Department
27 of Education shall:
28 1. Establish a working relationship to provide
29 appropriate services to the "cross-over" children and to
30 ensure that the agencies' respective funds are spent in the
31 most efficient manner possible;
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1 2. Coordinate responses to court orders relative to
2 "cross-over" children, regardless of whether the circumstances
3 of the children and families fall or do not fall clearly
4 within the jurisdiction of one department;
5 3. Handle the identified issues that can be managed
6 within existing authority and resources and articulate a
7 mutual plan for addressing the issues that require additional
8 resources or authority; and
9 4. Conduct regular meetings, share information
10 concerning specific children and families, and resolve
11 disagreements between the departments regarding the
12 "cross-over" children and the administration of protocols.
13 (3) The workgroup is encouraged to draw on the
14 expertise of appropriate groups such as the Florida Supreme
15 Court committees, the Florida Network of Youth and Family
16 Services, the Florida Association of Counties, local school
17 boards, the Florida Council for Behavioral Health, the Florida
18 Alcohol and Drug Abuse Association, and other groups in
19 addressing the issues identified by the workgroup. The
20 workgroup may form subcommittees to develop strategies for
21 addressing identified issues.
22 (4) The Department of Juvenile Justice shall report on
23 the accomplishments of the workgroup in addressing each of the
24 five identified goals and any others added by the workgroup,
25 including a copy of the interagency agreement and the plan for
26 ensuring local adoption of the interagency agreement. The
27 department shall submit a written report to the President of
28 the Senate and the Speaker of the House of Representatives by
29 January 31, 2003.
30 Section 16. The Legislature requests that the Supreme
31 Court establish a formal process that encourages and
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1 facilitates the filing of stipulated agreements in
2 post-judgment family-law matters; such process should
3 facilitate consideration of the stipulated agreement by the
4 court without necessitating an appearance before the court.
5 This process should provide notice to the parties regarding
6 their right to a hearing, include safeguards to prevent the
7 filing or acceptance of agreements reached under duress or
8 coercion, and provide for a hearing if the court determines
9 that such a hearing is necessary.
10 Section 17. This act shall take effect July 1, 2002.
11
12 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
13 Senate Bill 734
14
15 Redefines "domestic violence" and "family or household member"
to include individuals who have or have had a dating
16 relationship.
17 Requests that the Supreme Court establish a formal process to
encourage the filing of stipulated agreements for the
18 modification of family matter judgments that would not
necessitate a court appearance.
19
Revises the presuit mediation pilot program language as
20 follows:
21 Clarifies that the pilot programs are facilitating a
process that does not require a court appearance in
22 addition to providing mediation services;
23 Makes the availability of funding contingent on both the
Supreme Court developing a formal process that encourages
24 parties filing for modifications to not appear before the
court and the pilot program's using this process;
25
Removes reference to mediators certifying the agreements;
26
Revises the required components of the evaluation; and
27
Excludes domestic violence injunctions from the mediation
28 pilots.
29 Revises the conditions under which a law enforcement officer
is considered acting within the scope of employment for the
30 purposes of workers' compensation to specifically reflect
current law.
31
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