Senate Bill sb1574

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    Florida Senate - 2003                                  SB 1574

    By Senator Lynn





    7-769A-03

  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. 39.013,

11         F.S.; providing for modifying a court order in

12         a subsequent civil proceeding; amending s.

13         39.0132, F.S.; providing for limited

14         admissibility of evidence in subsequent civil

15         proceedings; amending s. 39.521, F.S.;

16         providing for modifying a court order in a

17         subsequent civil action or proceeding; amending

18         s. 39.814, F.S.; providing for limited

19         admissibility of evidence in subsequent civil

20         proceedings; amending s. 44.1011, F.S.;

21         redefining the term "family mediation";

22         providing definitions for voluntary mediation

23         and presuit mediation; creating s. 44.1012,

24         F.S.; providing legislative intent regarding a

25         continuum of alternatives to litigation;

26         creating s. 44.1025, F.S.; providing for

27         confidentiality concerning certain disclosures

28         in presuit and voluntary mediations; amending

29         s. 44.108, F.S.; increasing the service charge

30         for modification of dissolution-of-marriage

31         petitions to deposit moneys into state

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  1         mediation and arbitration trust fund;

  2         requesting the Supreme Court to establish a

  3         process for filing and court approval of

  4         stipulated agreements without court

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

  6         providing for the establishment of

  7         presuit-mediation pilot programs and funding;

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

  9         court to determine matters relating to child

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

11         eliminating provisions authorizing the court to

12         award grandparents visitation rights; repealing

13         s. 61.183, F.S., relating to mediation of

14         certain contested issues; amending s. 61.21,

15         F.S.; revising the timeframe for completing a

16         parenting course; amending s. 741.30, F.S.;

17         providing for an order of temporary custody,

18         visitation, or support to remain in effect

19         until the court enters a permanent order;

20         repealing ss. 753.001, 753.002, 753.004, F.S.,

21         relating to the Florida Family Visitation

22         Network; creating ss. 753.01, 753.02, 753.03,

23         753.04, 753.05, 753.06, 753.07, 753.08, 753.09,

24         F.S.; providing legislative intent with respect

25         to administering supervised visitation

26         programs; defining terms; providing for the

27         development of standards for the certification

28         of supervised visitation programs; requiring

29         compliance with interim minimum standards;

30         providing for security of the supervised

31         visitation programs; requiring the

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  1         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. 943.135,

  8         F.S.; requiring the Criminal Justice Standards

  9         and Training Commission to allow agencies

10         employing law enforcement officers to authorize

11         volunteer service as a means of fulfilling

12         requirements for continuing education; creating

13         s. 943.254, F.S.; authorizing law enforcement

14         agencies to administer a volunteer program for

15         officers to provide security services during

16         off-duty hours for certain community programs;

17         providing legislative intent with respect to

18         the development of a collaborative initiative

19         with social service agencies by circuit judges;

20         providing for goals and elements of the

21         collaborative initiative; requesting that the

22         Supreme Court provide guidance to the circuit

23         courts in developing the collaborative

24         initiatives; requiring a report to the

25         Legislature; requiring the Department of

26         Juvenile Justice to organize an interagency

27         workgroup; specifying the goals of the

28         interagency workgroup; requiring a report to

29         the Legislature on the accomplishments of the

30         interagency workgroup; providing for a

31         workgroup to develop an information system for

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  1         the unified family court model; providing for a

  2         report to the Legislature; providing for

  3         severability; providing an effective date.

  4

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

  6

  7         Section 1.  Legislative Commission on Family Law and

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

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

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

11  members of the Senate appointed by the President of the Senate

12  and three members of the House of Representatives appointed by

13  the Speaker of the House. The terms of members shall be for 2

14  years and shall run from the organization of the one

15  Legislature to the organization of the next Legislature.

16  Vacancies occurring during the interim period shall be filled

17  in the same manner as the original appointment.  The President

18  of the Senate shall appoint the chair in odd-numbered years

19  and the Speaker of the House of Representatives shall appoint

20  the chair in even-numbered years.  The Commission will be

21  jointly staffed by the substantive committees of the House of

22  Representatives and the Senate.

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

24  authorized and directed to establish an advisory committee to

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

26  of the advisory committee shall be determined by the

27  commission.

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

29  more frequently at the direction of the presiding officers or

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

31  meetings through teleconferences or other similar means.

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

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

  3  61, 63, 88, 409, 741, 742, 743, 751, 752, 753, 984, and 985,

  4  Florida Statutes.  Such a code shall be an internally

  5  consistent body of law which would enable any individual to

  6  locate the statutory requirements for any proceeding within

  7  the unified family court's jurisdiction.

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

  9  2008, unless reviewed and saved from repeal through

10  reenactment by the Legislature.

11         Section 2.  Section 25.375, Florida Statutes, is

12  created to read:

13         25.375  Identification of related cases.--The Supreme

14  Court may create a unique identifier for each individual by

15  which to identify all court cases related to that individual

16  or his or her family previously or currently in the court

17  system. The unique identifier must be the same for that

18  individual in any court case. To create the unique identifier,

19  the court may collect a portion of the individual's social

20  security number or other personal identification information,

21  such as the individual's date of birth. Until October 2, 2008,

22  the state courts system and the clerk of the court may collect

23  and use an individual's social security number solely for the

24  purpose of case management and identification of related

25  cases. Failure to provide a social security number for this

26  purpose may not be grounds to deny any services, rights, or

27  remedies otherwise provided by law.

28         Section 3.  Subsection (4) of section 39.013, Florida

29  Statutes, is amended to read:

30         39.013  Procedures and jurisdiction; right to

31  counsel.--

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  1         (4)  Orders entered pursuant to this chapter which

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

  3  parental responsibility for a minor child The order of the

  4  circuit court hearing dependency matters shall be filed by the

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

  6  or proceeding and shall take precedence over other custody and

  7  visitation orders entered in civil those actions or

  8  proceedings. However, if the court has terminated

  9  jurisdiction, such order may be subsequently modified by a

10  court of competent jurisdiction in any other civil action or

11  proceeding affecting placement of, access to, parental time

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

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

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

15         Section 4.  Subsection (6) of section 39.0132, Florida

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

17  section to read:

18         39.0132  Oaths, records, and confidential

19  information.--

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

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

22  proceeding, except that:

23         (a)  Orders permanently terminating the rights of a

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

25  agency or the department for adoption shall be admissible in

26  evidence in subsequent adoption proceedings relating to the

27  child.

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

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

30  appellate court in the manner hereinafter provided.

31

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

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

  3  a charge of having committed perjury.

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

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

  6  for proof regarding such disqualification in a chapter 120

  7  proceeding.

  8         (e)  Orders permanently and involuntarily terminating

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

10  subsequent termination of parental rights proceedings for a

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

12         (d)  A final order entered pursuant to an adjudicatory

13  hearing is admissible in evidence in any subsequent civil

14  proceeding relating to placement of, access to, parental time

15  with, or parental responsibility for the same child or a

16  sibling of that child.

17         (e)  Evidence admitted in any proceeding under this

18  chapter may be admissible in evidence when offered by any

19  party in a subsequent civil proceeding relating to placement

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

21  for the same child or a sibling of that child if:

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 the

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 chapter which are subsequently admitted

30  in evidence pursuant to subsection (6) remain subject to

31  subsections (3) and (4).

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  1         Section 5.  Subsection (3) of section 39.521, Florida

  2  Statutes, is amended to read:

  3         39.521  Disposition hearings; powers of disposition.--

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

  5  dependent, the court shall determine the appropriate placement

  6  for the child as follows:

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

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

  9  residing at the time the events or conditions arose that

10  brought the child within the jurisdiction of the court and

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

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

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

14  be under the protective supervision of the department for not

15  less than 6 months.

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

17  residing at the time the events or conditions arose that

18  brought the child within the jurisdiction of the court who

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

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

21  unless the court finds that such placement would endanger the

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

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

24  present to the court evidence regarding whether the placement

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

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

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

28         1.  Order that the parent assume sole custodial

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

30  reasonable visitation by the noncustodial parent. The court

31  may then terminate its jurisdiction over the child. The

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  1  custody order shall take precedence over other orders that

  2  affect placements of, access to, parental time with, or

  3  parental responsibility for a minor child continue unless

  4  modified by a subsequent order of the circuit court hearing

  5  dependency matters. The order of the circuit court hearing

  6  dependency matters shall be filed in any dissolution or other

  7  custody action or proceeding between the parents and shall

  8  take precedence over other custody and visitation orders

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

10  court terminates jurisdiction, such orders may be subsequently

11  modified by a court of competent jurisdiction in any other

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

13  parental time with, or parental responsibility for the same

14  minor child if notice of the action or proceeding and

15  opportunity to be heard are given to the Department of

16  Children and Family Services.

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

18  jurisdiction of the circuit court hearing dependency matters.

19  The court may order that reunification services be provided to

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

21  be provided solely to the parent who is assuming physical

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

23  without court jurisdiction, or that services be provided to

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

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

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

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

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

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

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

31  temporary legal custody of an adult relative or other adult

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

  2  under the protective supervision of the department. The

  3  department must supervise this placement until the child

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

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

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

  7  guardianship.

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

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

10  temporary legal custody of the department. Such commitment

11  invests in the department all rights and responsibilities of a

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

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

14  child was removed, except for court-approved visitation

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

16  commitment continues until terminated by the court or until

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

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

19  proceedings under this section are governed by this chapter.

20

21  Protective supervision continues until the court terminates it

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

23  first. Protective supervision shall be terminated by the court

24  whenever the court determines that permanency has been

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

26  relative, or a legal custodian, and that protective

27  supervision is no longer needed. The termination of

28  supervision may be with or without retaining jurisdiction, at

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

30  a permanency option for the child. The order terminating

31  supervision by the department shall set forth the powers of

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  1  the custodian of the child and shall include the powers

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

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

  4  supervision by the department, no further judicial reviews are

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

  6  child.

  7         Section 6.  Subsection (6) of section 39.814, Florida

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

  9  section to read:

10         39.814  Oaths, records, and confidential information.--

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

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

13  proceeding, except that:

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

15  admissible in evidence in subsequent adoption proceedings

16  relating to the child and in subsequent termination of

17  parental rights proceedings concerning a sibling of the child.

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

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

20  court in the manner hereinafter provided.

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

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

23  a charge of having committed perjury.

24         (c)  A final order entered pursuant to an adjudicatory

25  hearing is admissible in evidence in any subsequent civil

26  proceeding relating to placement of, access to, parental time

27  with, or parental responsibility for the same child or a

28  sibling of that child.

29         (d)  Evidence admitted in any proceeding under this

30  part may be admissible in evidence when offered by any party

31  in a subsequent civil proceeding relating to placement of,

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  1  access to, parental time with, or parental responsibility for

  2  the same child or a sibling of that child if:

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

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

  5  of such evidence is delivered to the opposing party or

  6  opposing party's counsel.

  7         2.  The evidence is otherwise admissible in the

  8  subsequent civil proceeding.

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

10  proceeding under this part which are subsequently admitted in

11  evidence pursuant to subsection (6) remain subject to

12  subsections (3) and (4).

13         Section 7.  Subsection (2) of section 44.1011, Florida

14  Statutes, is amended to read:

15         44.1011  Definitions.--As used in this chapter:

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

17  third person called a mediator acts to encourage and

18  facilitate the resolution of a dispute between two or more

19  parties.  It is an informal and nonadversarial process with

20  the objective of helping the disputing parties reach a

21  mutually acceptable and voluntary agreement.  In mediation,

22  decisionmaking authority rests with the parties.  The role of

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

24  parties in identifying issues, fostering joint problem

25  solving, and exploring settlement alternatives. "Mediation"

26  includes:

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

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

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

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

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

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  1  must appear unless stipulated to by the parties or otherwise

  2  ordered by the court.

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

  4  civil cases within the jurisdiction of county courts,

  5  including small claims. Negotiations in county court mediation

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

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

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

  9  matters, including married and unmarried persons, before and

10  after judgments involving dissolution of marriage; property

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

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

13  and visitation involving emotional or financial considerations

14  not usually present in other circuit civil cases. Negotiations

15  in family mediation are primarily conducted by the parties.

16  Counsel for each party may attend the mediation conference and

17  privately communicate with their clients.  However, presence

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

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

20  proceed in the absence of counsel unless otherwise ordered by

21  the court.

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

23  which means mediation of dependency, child in need of

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

25  in dependency or in need of services mediation are primarily

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

27  the mediation conference and privately communicate with their

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

29  the discretion of the mediator and with the agreement of the

30  parties, mediation may proceed in the absence of counsel

31  unless otherwise ordered by the court.

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

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

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

  4  to submit to mediation after the initiation of any legal

  5  proceeding.

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

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

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

  9  mediation before the initiation of any legal proceeding.

10         Section 8.  Section 44.1012, Florida Statutes, is

11  created to read:

12         44.1012  Continuum of alternatives to litigation;

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

14  a range of alternatives to judicial action be available to

15  families in order to reduce the level of costly court

16  intervention required to resolve disputes. Communities, with

17  the involvement of the courts, are encouraged to provide

18  families with a continuum of options that educate and assist

19  parents and children with conflict-dispute resolution prior to

20  and after judicial intervention.

21         Section 9.  Section 44.1025, Florida Statutes, is

22  created to read:

23         44.1025  Presuit and voluntary mediation.--

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

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

26  executed settlement agreement, in a presuit or voluntary

27  mediation proceeding are confidential and shall be

28  inadmissible as evidence in any subsequent legal proceeding

29  unless all participants to the presuit mediation or all

30  parties to the voluntary mediation otherwise agree.

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  1         (2)  Each participant in a presuit mediation or any

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

  3  disclose and to prevent another person from disclosing

  4  communications made during or for the purpose of mediation,

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

  6  presuit mediation or party to a voluntary mediation does not

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

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

  9  mediation process.

10         (3)(a)  There is no privilege and no restriction on any

11  disclosure of oral or written communications made confidential

12  in subsection (2) for:

13         1.  Communications concerning abuse, neglect, or

14  exploitation of any person for which the law requires a

15  mandatory report.

16         2.  Evidence of acts or threats of physical violence.

17         3.  Professional misconduct committed during the

18  mediation.

19         (b)  In cases arising under subparagraph (a)3., the

20  disclosure of an otherwise privileged communication may be

21  used only for the internal purposes of the body conducting the

22  investigation. Prior to the release of any disciplinary files

23  to the public, all references to otherwise privileged

24  communications must be deleted from the record. When an

25  otherwise confidential communication is used in a disciplinary

26  proceeding, the communication shall be inadmissible as

27  evidence in any subsequent legal proceeding. As used in this

28  paragraph, the term "subsequent legal proceeding" means any

29  legal proceeding between the parties to the mediation which

30  follows the presuit or voluntary mediation.

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  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 that 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 10.  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

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  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 11.  The Legislature requests that the Supreme

30  Court establish a formal process that encourages and

31  facilitates the filing of stipulated agreements in

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  1  postjudgment 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 12.  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

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  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.

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  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, 2005.

14         Section 13.  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

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  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

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  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 to 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

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  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 14.  Section 61.183, Florida Statutes, is

17  repealed.

18         Section 15.  Subsections (3) and (4) of section 61.21,

19  Florida Statutes, are amended to read:

20         61.21  Parenting course authorized; fees; required

21  attendance authorized; contempt.--

22         (3)  All parties to a dissolution of marriage

23  proceeding with minor children or a paternity action that

24  which involves issues of parental responsibility shall be

25  required to complete the Parent Education and Family

26  Stabilization Course prior to the entry by the court of a

27  final judgment. The court may excuse a party from attending

28  the parenting course or meeting the required timeframe for

29  completing the course for good cause.

30         (4)  All parties required to complete a parenting

31  course under this section shall begin the course as

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  1  expeditiously as possible after filing for dissolution of

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

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

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

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

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

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

  8  judgment.

  9         Section 16.  Paragraph (a) of subsection (5) and

10  paragraph (a) of subsection (6) of section 741.30, Florida

11  Statutes, are amended to read:

12         741.30  Domestic violence; injunction; powers and

13  duties of court and clerk; petition; notice and hearing;

14  temporary injunction; issuance of injunction; statewide

15  verification system; enforcement.--

16         (5)(a)  When it appears to the court that an immediate

17  and present danger of domestic violence exists, the court may

18  grant a temporary injunction ex parte, pending a full hearing,

19  and may grant such relief as the court deems proper, including

20  an injunction:

21         1.  Restraining the respondent from committing any acts

22  of domestic violence.

23         2.  Awarding to the petitioner the temporary exclusive

24  use and possession of the dwelling that the parties share or

25  excluding the respondent from the residence of the petitioner.

26         3.  On the same basis as provided in s. 61.13 s.

27  61.13(2), (3), (4), and (5), granting to the petitioner

28  temporary custody of a minor child or children. An order of

29  temporary custody remains in effect until the order expires or

30  a permanent order is entered by a court of competent

31  jurisdiction in a pending or subsequent civil action or

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  1  proceeding affecting the placement of, access to, parental

  2  time with, or parental responsibility for the minor child.

  3         (6)(a)  Upon notice and hearing, when it appears to the

  4  court that the petitioner is either the victim of domestic

  5  violence as defined by s. 741.28 or has reasonable cause to

  6  believe he or she is in imminent danger of becoming a victim

  7  of domestic violence, the court may grant such relief as the

  8  court deems proper, including an injunction:

  9         1.  Restraining the respondent from committing any acts

10  of domestic violence.

11         2.  Awarding to the petitioner the exclusive use and

12  possession of the dwelling that the parties share or excluding

13  the respondent from the residence of the petitioner.

14         3.  On the same basis as provided in chapter 61,

15  awarding temporary custody of, or temporary visitation rights

16  with regard to, a minor child or children of the parties. An

17  order of temporary custody or visitation remains in effect

18  until the order expires or a permanent order is entered by a

19  court of competent jurisdiction in a pending or subsequent

20  civil action or proceeding affecting the placement of, access

21  to, parental time with, or parental responsibility for the

22  minor child.

23         4.  On the same basis as provided in chapter 61,

24  establishing temporary support for a minor child or children

25  or the petitioner. An order of temporary support remains in

26  effect until the order expires or a permanent order is entered

27  by a court of competent jurisdiction in a pending or

28  subsequent civil action or proceeding affecting child support.

29         5.  Ordering the respondent to participate in

30  treatment, intervention, or counseling services to be paid for

31  by the respondent. When the court orders the respondent to

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  1  participate in a batterers' intervention program, the court,

  2  or any entity designated by the court, must provide the

  3  respondent with a list of all certified batterers'

  4  intervention programs and all programs which have submitted an

  5  application to the Department of Corrections to become

  6  certified under s. 741.325, from which the respondent must

  7  choose a program in which to participate. If there are no

  8  certified batterers' intervention programs in the circuit, the

  9  court shall provide a list of acceptable programs from which

10  the respondent must choose a program in which to participate.

11         6.  Referring a petitioner to a certified domestic

12  violence center. The court must provide the petitioner with a

13  list of certified domestic violence centers in the circuit

14  which the petitioner may contact.

15         7.  Ordering such other relief as the court deems

16  necessary for the protection of a victim of domestic violence,

17  including injunctions or directives to law enforcement

18  agencies, as provided in this section.

19         Section 17.  Sections 753.001, 753.002, and 753.004,

20  Florida Statutes, are repealed.

21         Section 18.  Sections 753.01, 753.02, 753.03, 753.04,

22  753.05, 753.06, 753.07, 753.08, and 753.09, Florida Statutes,

23  are created to read:

24         753.01  Supervised visitation programs; legislative

25  findings and intent.--The Legislature finds that there are

26  children in this state who have been adjudicated dependent by

27  the court and, as a result, are ordered into out-of-home

28  placements. The Legislature further finds that a large number

29  of children experience the separation or divorce of their

30  parents and that some of these children have been determined

31  by the court to be at risk or are potentially at risk for

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  1  physical, emotional, or sexual abuse; parental abduction;

  2  domestic violence; or other harm as a result of parental

  3  impairment due to substance abuse or other conditions. The

  4  Legislature also finds that exposing children to the parents'

  5  continuing conflicts is detrimental to the children. The

  6  Legislature recognizes the importance of maintaining contact

  7  between children and their nonresidential parents while

  8  ensuring the safety of those children from further or

  9  potential abuse, danger, or flight. The Legislature further

10  recognizes the importance of minimizing the circumstances in

11  which children are exposed to the parents' anger and disputes.

12  Supervised visitation programs provide a critically needed

13  service in offering children and nonresidential parents the

14  opportunity to maintain a relationship in a safe environment

15  and facilitating safe contact between perpetrators of domestic

16  violence and their children. By recognizing the necessity of

17  ensuring the safety of children, parents, and staff in child

18  visitations and exchanges and offering a quality service that

19  meets the multiple visitation and exchange needs of families,

20  parents, and courts, the Legislature intends, subject to

21  available funding, to provide for uniform standards,

22  strengthened security, training, and certification of the

23  supervised visitation programs in this state.

24         753.02  Definitions.--As used in this chapter, the

25  term:

26         (1)  "Client" means the residential parent,

27  nonresidential parent, caregiver, or child receiving services

28  under a supervised visitation program.

29         (2)  "Supervised exchange" means the supervision of the

30  movement of the child from the residential parent to the

31  nonresidential parent at the start of the visitation, and from

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  1  the nonresidential parent back to the residential parent at

  2  the end of the visitation.

  3         (3)  "Supervised visitation" means the contact between

  4  a nonresidential parent and child which occurs in the presence

  5  of an independent third party.

  6         (4)  "Supervised visitation program" means a program

  7  created to offer safe and structured supervised visitation and

  8  supervised exchange.

  9         753.03  Comprehensive standards for supervised

10  visitation programs.--

11         (1)  Standards shall be developed, pursuant to s.

12  753.09, for certifying supervised visitation programs in this

13  state to ensure the safety and quality of the program. These

14  standards are intended to provide a uniform set of guidelines

15  which will be used by all supervised visitation programs and

16  be required by the courts, the Department of Children and

17  Family Services, and other entities that refer families for

18  supervised visitation and supervised exchange services. The

19  standards developed must be comprehensive and address the

20  purpose, policies, standards of practice, program content,

21  security measures, qualifications of providers, training,

22  credentials of staff, information to be provided to the court

23  and by the court, data collection, and procedures for

24  supervised visitation programs.

25         (2)  These standards will form the basis for

26  certification of supervised visitation programs.

27         (3)  Before implementing a certification process, each

28  supervised visitation program is encouraged to voluntarily

29  comply with the comprehensive standards developed under s.

30  753.09.

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  1         753.04  Certification and monitoring of supervised

  2  visitation programs.--

  3         (1)  A process for certifying and monitoring the

  4  initial and ongoing compliance of a supervised visitation

  5  program with comprehensive standards developed under s. 753.09

  6  shall be phased in, contingent upon the allocation and

  7  availability of funds. The first phase of the certification

  8  process must emphasize compliance with the standards relating

  9  to security.

10         (2)  Once the certification process is fully

11  implemented, a supervised visitation program must be certified

12  in order to receive state or federal funds. A program must be

13  certified in order to be a program to which the court may

14  order parties for supervised visitation or supervised exchange

15  services.

16         753.05  Interim minimum standards for supervised

17  visitation programs.--

18         (1)  Until the comprehensive standards for supervised

19  visitation programs are developed under s. 753.03 and a

20  certification and monitoring process implemented, each

21  supervised visitation program must comply with the "Minimum

22  Standards for Supervised Visitation Programs Agreements"

23  adopted by the Supreme Court as an administrative order on

24  November 18, 1999. Pursuant to this order, each supervised

25  visitation program shall enter into an agreement with the

26  circuit court within that geographic jurisdiction attesting to

27  the program's willingness to comply with the standards.

28         (2)  Until the comprehensive standards for supervised

29  visitation programs are developed and a certification and

30  monitoring process implemented, a supervised visitation

31  program may not receive grant funds for access and visitation

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  1  under 42 U.S.C. s. 669b unless the program provides to the

  2  state agency responsible for administering the grant

  3  documentation verifying that the program has entered into an

  4  agreement with the circuit court as required under subsection

  5  (1). This subsection does not obligate the state agency

  6  responsible for administering the grant to certify compliance

  7  with the "Minimum Standards for Supervised Visitation Programs

  8  Agreements."

  9         753.06  Security in supervised visitation programs.--

10         (1)  Due to the volatile nature of the client

11  relationships that created the need for supervised visitation

12  and supervised exchange services, the security of each

13  supervised visitation program is a paramount element of the

14  program. Therefore, the safety of the clients and program

15  staff shall be a major factor in all aspects of the standards,

16  emphasized in all training, and a precondition of the

17  certification of a program.

18         (2)  Each supervised visitation program is encouraged

19  to collaborate with local law enforcement agencies to

20  facilitate volunteerism by law enforcement officers at

21  supervised visitation programs using such mechanisms as those

22  provided under ss. 943.254 and 943.135(2) and using

23  administrative leave permitted for state employees who

24  participate in community service programs.

25         753.07  Training for supervised visitation

26  programs.--Contingent upon the allocation or availability of

27  funding, the Clearinghouse on Supervised Visitation shall

28  develop, maintain, and update competency-based training

29  materials for supervised visitation which are appropriate to

30  meet the training needs of program staff. The Clearinghouse on

31  Supervised Visitation shall also provide training to staff of

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  1  the supervised visitation programs and track staff who meet

  2  training requirements, to the extent permitted by available

  3  funding.

  4         753.08  Supervised visitation programs; data

  5  collection.--Contingent upon the allocation or availability of

  6  funding, the Clearinghouse on Supervised Visitation shall

  7  develop and implement a mechanism for collecting data on

  8  supervised visitation and supervised exchange services

  9  provided in this state. The Clearinghouse on Supervised

10  Visitation shall collaborate with the state chapter of the

11  Supervised Visitation Network in determining the necessary

12  data to be collected and developing the data-collection

13  mechanism to ensure the viability and reasonableness of the

14  data requirements. Each supervised visitation program shall

15  maintain and submit the identified data to the Clearinghouse

16  on Supervised Visitation. The Clearinghouse on Supervised

17  Visitation shall maintain these data and annually compile the

18  information and make it available to the President of the

19  Senate, the Speaker of the House of Representatives, the

20  courts, the Chief Justice of the Supreme Court, the Department

21  of Children and Family Services, and any other organization

22  represented on the advisory board provided for in s. 753.09.

23         753.09  Development of standards and a certification

24  process.--

25         (1)  The Clearinghouse on Supervised Visitation within

26  the Institute for Family Violence Studies of the Florida State

27  University School of Social Work shall develop the standards

28  for the supervised visitation program. The Clearinghouse on

29  Supervised Visitation shall use an advisory board to assist in

30  developing the standards. The advisory board must include:

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  1         (a)  Two members of the executive board of the state

  2  chapter of the Supervised Visitation Network, appointed by the

  3  president of the state chapter of the Supervised Visitation

  4  Network.

  5         (b)  A representative from the Office of the State

  6  Courts Administrator, appointed by the State Courts

  7  Administrator.

  8         (c)  A representative from the Department of Children

  9  and Family Services, appointed by the Secretary.

10         (d)  A representative from the Florida Coalition

11  Against Domestic Violence, appointed by the executive director

12  of the Florida Coalition Against Domestic Violence.

13         (e)  A representative from a state law enforcement

14  agency, appointed by the executive director of the Florida

15  Sheriffs Association.

16         (f)  A family law judge, appointed by the Chief Justice

17  of the Supreme Court.

18         (g)  Two representatives of supervised visitation

19  programs, appointed by the director of the clearinghouse.

20         (h)  A representative from the Junior League, selected

21  by the State Board of the Junior League.

22         (i)  A representative from the Commission on

23  Responsible Fatherhood.

24         (2)  The Clearinghouse on Supervised Visitation, with

25  consultation from the advisory board, shall also develop

26  criteria for approving or rejecting certification of a

27  supervised visitation program, a process for phasing in the

28  standards and certification process, and a recommendation

29  concerning the state entity that should be charged with

30  certifying and monitoring supervised visitation programs.

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  1         (3)  The Clearinghouse on Supervised Visitation shall

  2  submit a report to the President of the Senate, the Speaker of

  3  the House of Representatives, and the Chief Justice of the

  4  Supreme Court by December 31, 2004. The standards for

  5  supervised visitation programs and criteria for the

  6  certification process shall be adopted by rule by the state

  7  entity identified by the Legislature to be responsible for the

  8  certification and monitoring process.

  9         Section 19.  Present subsections (2), (3), and (4) of

10  section 943.135, Florida Statutes, are redesignated as

11  subsections (3), (4), and (5), respectively, and a new

12  subsection (2) is added to that section, to read:

13         943.135  Requirements for continued employment.--

14         (2)  The commission shall permit an employing agency to

15  allow an officer to meet up to 3 hours of the 40 hours of

16  required continuing education and training by volunteering at

17  a community-based, not-for-profit organization that serves

18  children or families who have experienced or are at risk for

19  child abuse or domestic violence, including, but not limited

20  to, a supervised visitation program as provided for in chapter

21  753. This special population poses complex challenges to law

22  enforcement officers. Continuing education and training

23  through community service provides a unique learning

24  opportunity for officers to understand the special needs of

25  this group of constituents, build community relations, and

26  provide a visible presence of law enforcement officers in the

27  community. Volunteer time applied as continuing education and

28  training under this subsection may include time spent in

29  providing security services but does not substitute for the

30  continuing education in domestic violence required under s.

31  943.1701.

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  1         Section 20.  Section 943.254, Florida Statutes, is

  2  created to read:

  3         943.254  Volunteer work by law enforcement officers.--

  4         (1)  An employing agency may operate or administer a

  5  program for law enforcement officers to provide volunteer

  6  security services during off-duty hours at a community-based,

  7  not-for-profit program that serves children or families who

  8  have experienced or are at risk for child abuse or domestic

  9  violence and that involves potential risk to staff or clients.

10  A community-based, not-for-profit program may include, but

11  need not be limited to, a supervised visitation program

12  administered under chapter 753.

13         (2)  Any community-based, not-for-profit program at

14  which a law enforcement officer volunteers is responsible for

15  the acts or omissions of the law enforcement officer while he

16  or she is performing services for that program off-duty.

17  However, for purposes of coverage under the Workers'

18  Compensation Law, a law enforcement officer who volunteers, as

19  provided in this section, and who meets the provisions of s.

20  440.091 shall be considered to have been acting within the

21  course of employment, pursuant to s. 440.091.

22         (3)  A law enforcement officer who volunteers during

23  off-duty hours as provided in this section is exempt from the

24  licensure requirements of chapter 493 for persons who provide

25  security or investigative services.

26         Section 21.  (1)  The Legislature finds that underlying

27  problems experienced by many families often form the basis for

28  their interaction with the judicial system. Assisting families

29  with these underlying problems will enhance their functioning

30  and their ability to constructively resolve their disputes and

31  should also result in more effective court resolution of

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  1  family cases and minimize future court intervention.

  2  Therefore, it is the intent of the Legislature that the

  3  circuit courts and social service agencies collaborate to

  4  assist families with the circumstances and problems that

  5  contribute to their legal issues and need for judicial

  6  intervention.

  7         (2)  The Legislature requests that the chief judge of

  8  each circuit court initiate, develop, and maintain a

  9  collaboration initiative between the circuit court and the

10  social service agencies in the community to address the

11  interrelated legal and nonlegal problems of children and

12  families involved in the court system in order to improve the

13  families' functioning and reduce their need for judicial

14  intervention. This collaboration initiative should include, at

15  the discretion of the chief judge, a broad cross-section of

16  the social service agencies in the community which assist

17  children or members of their families with any basic need or

18  functional problem that, if not addressed, could contribute to

19  their use of the judicial system. For purposes of this

20  section, the term "social services" means the continuum of

21  private and public services including, but not limited to,

22  services related to the safety of children and other family

23  members, education, health care, economic support, parenting,

24  employment, domestic violence, substance abuse, mental health,

25  law enforcement, and special needs of the children or adults.

26         (3)  The Legislature requests that social service

27  agencies cooperate with and participate in the collaboration

28  initiative.

29         (4)  Goals of the collaboration initiatives include,

30  but need not be limited to:

31

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  1         (a)  Improving the availability of social services for

  2  children and families who are found in the court system to be

  3  in need of services that will address their legal and nonlegal

  4  problems.

  5         (b)  Avoiding duplication of services by multiple

  6  agencies that are responsible for assisting families.

  7         (c)  Eliminating unnecessary delay in providing

  8  appropriate services to children and families.

  9         (d)  Improving communication between the social

10  services agencies and the courts.

11         (5)  The Legislature recognizes that the Supreme Court

12  has required each circuit to create a family law advisory

13  group to provide communication among all stakeholders in the

14  family court system and that many communities have existing

15  initiatives for coordinating social services which have common

16  or similar goals. Initiatives for collaboration should not

17  duplicate these efforts but, instead, should use the family

18  law advisory group and, to the fullest extent possible, use

19  existing initiatives in the community for coordinating social

20  services to accomplish the collaboration.

21         (6)  The following elements are steps that may be used

22  to guide the building of the partnership between the court

23  system and the social services system and to achieve the

24  purpose and goals of the collaboration initiative:

25         (a)  Gain knowledge of the services available in the

26  community for children and families.

27         (b)  Reach an understanding of each system's needs,

28  processes, operational parameters, goals, and expectations.

29         (c)  Reach consensus on the changed behaviors or

30  outcomes expected from services and reasonable timeframes for

31  delivering services.

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  1         (d)  Identify where limited funding and existing

  2  priority populations result in lack of services.

  3         (e)  Reach consensus on the roles of the court system

  4  and social services systems in the identification, referral,

  5  service provision, and follow-up phases of service delivery to

  6  children and families.

  7         (f)  Reach consensus on respective roles of the court

  8  and individual social service agencies in implementing

  9  individual service plans for families and children.

10         (g)  Determine the most appropriate form or model for

11  establishing partnerships within the community at a system

12  level and at the level of an individual child and family.

13         (h)  Determine the gaps in services and establish

14  partnerships to develop and implement needed services that

15  address the identified gaps.

16         (i)  Encourage greater flexibility in the court and

17  social services systems and flexibility in funding in order to

18  address the needs of children and families.

19         (j)  Determine the changes in coordination or changes

20  in the system which are necessary to improve the availability

21  of services to children and families.

22         (k)  Determine how the systems can be more accountable

23  for enforcing existing laws that positively impact children

24  and families in court.

25         (l)  Determine how the courts can use existing

26  evaluations performed by different social services agencies to

27  reduce the duplication of child and family evaluations needed

28  for decisionmaking by the court.

29         (m)  Encourage the exchange of information among social

30  service agencies and the courts in providing services to

31  children and families.

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  1         (7)  The Legislature requests that the Supreme Court

  2  incorporate within the responsibilities of the Steering

  3  Committee on Families and Children in the Courts the duties of

  4  providing ongoing guidance to the circuit courts'

  5  collaboration initiatives, identifying and addressing

  6  statewide barriers to effective collaboration, and identifying

  7  and implementing practices and policies that would facilitate

  8  effective collaboration. For the purposes of this state-level

  9  collaboration initiative, ongoing dialogue should be

10  established among the representatives of the circuit courts,

11  state agencies, and state organizations that represent the

12  public and private social services and that are or should be

13  participating in the community collaboration initiatives.

14         (8)  The Office of State Courts Administrator shall

15  submit to the President of the Senate and the Speaker of the

16  House of Representatives a copy of the report required by the

17  Supreme Court on the progress of the family law advisory group

18  in each circuit. The Legislature requests that this report

19  include the progress of the family law advisory groups as it

20  pertains to developing communication and collaboration with

21  the social services in the circuits. The report must also

22  identify any barriers to effective collaboration and must

23  include recommendations for legislation to facilitate the

24  building of the partnership between the circuit courts and

25  social services identified by the Steering Committee on

26  Families and Children in the Courts. The first report must be

27  submitted by June 30, 2004.

28         Section 22.  (1)(a)  The Legislature finds that a

29  significant number of children served by the Department of

30  Juvenile Justice also come under the jurisdiction of the

31  Department of Children and Family Services, either

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  1  simultaneously or following placement with the Department of

  2  Juvenile Justice. The children who cross the jurisdiction of

  3  the Department of Juvenile Justice's delinquency system and

  4  the Department of Children and Family Services' dependency

  5  system often have difficulty accessing or cannot access needed

  6  services of one or both systems. These "cross-over" children

  7  include, but are not limited to, children who have reached the

  8  maximum time for detention or commitment and are locked out of

  9  their homes, children who have committed domestic violence on

10  another family member and cannot return home, and children who

11  do not meet the criteria for detention.

12         (b)  The Legislature also finds that these children

13  attend local schools that play a vital role in their lives and

14  the success of social service interventions.

15         (c)  The Legislature further finds that strong,

16  productive coordination and cooperation among the Department

17  of Juvenile Justice, the Department of Children and Family

18  Services, and the Department of Education is essential to the

19  goal of successfully serving these children.

20         (2)  To that end, the Secretary of Juvenile Justice

21  shall organize and act as the chairperson of an interagency

22  workgroup involving, at a minimum, the Secretary of Children

23  and Family Services and the Commissioner of Education. The

24  workgroup shall accomplish at least the following goals:

25         (a)  Identify issues that make it difficult to serve

26  "cross-over" children of the Department of Juvenile Justice

27  and the Department of Children and Family Services;

28         (b)  Identify issues involving local school districts

29  and these children and the role schools can play in assisting

30  the Department of Juvenile Justice and the Department of

31  Children and Family Services in serving these children;

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  1         (c)  Develop short-term and long-term strategies to

  2  address these goals using the resources and authority

  3  currently vested with these agencies, including, but not

  4  limited to, sharing resources, coordinating timeframes for

  5  developing aftercare plans, and joint planning for children

  6  who will move from the jurisdiction of one agency to the

  7  jurisdiction of another agency;

  8         (d)  Identify any statutory, fiscal, and other

  9  inhibitor to the short-term and long-term strategies and

10  develop proposals for removing those inhibitors; and

11         (e)  Develop and execute an interagency agreement

12  specifying protocols for handling the identified issues that

13  can be managed within existing authority and resources and

14  articulate a mutual plan for addressing the issues that

15  require additional resources or authority, including the

16  manner in which the Department of Juvenile Justice, the

17  Department of Children and Family Services, and the Department

18  of Education shall:

19         1.  Establish a working relationship to provide

20  appropriate services to the "cross-over" children and to

21  ensure that the agencies' respective funds are spent in the

22  most efficient manner possible;

23         2.  Coordinate responses to court orders relative to

24  "cross-over" children, regardless of whether the circumstances

25  of the children and families fall or do not fall clearly

26  within the jurisdiction of one department;

27         3.  Handle the identified issues that can be managed

28  within existing authority and resources and articulate a

29  mutual plan for addressing the issues that require additional

30  resources or authority; and

31

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  1         4.  Conduct regular meetings, share information

  2  concerning specific children and families, and resolve

  3  disagreements between the departments regarding the

  4  "cross-over" children and the administration of protocols.

  5         (3)  The workgroup is encouraged to draw on the

  6  expertise of appropriate groups such as the Florida Supreme

  7  Court committees, the Florida Network of Youth and Family

  8  Services, the Florida Association of Counties, local school

  9  boards, the Florida Council for Behavioral Health, the Florida

10  Alcohol and Drug Abuse Association, and other groups in

11  addressing the issues identified by the workgroup. The

12  workgroup may form subcommittees to develop strategies for

13  addressing identified issues.

14         (4)  The Department of Juvenile Justice shall report on

15  the accomplishments of the workgroup in addressing each of the

16  five identified goals and any others added by the workgroup.

17  The report must include a copy of the interagency agreement

18  and the plan for ensuring local adoption of the interagency

19  agreement. The department shall submit a written report to the

20  President of the Senate and the Speaker of the House of

21  Representatives by January 31, 2004.

22         Section 23.  (1)  In order for a unified family court

23  model to function effectively, efficiently, consistently, and

24  fairly, each participant in the unified family court model

25  must determine its information needs and assess its technology

26  support and resources for meeting those needs. The

27  participants in the family court model must cooperate and

28  collaborate to develop the most efficient and cost-effective

29  information system and to determine how to fund such a system.

30  That system should provide for collecting, storing,

31  retrieving, accessing, and sharing needed information.

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  1         (2)  The State Technology Office is encouraged to

  2  assist the courts and clerks of courts in establishing a

  3  workgroup by July 1, 2003, to develop an information system

  4  based on the assessment of the information needs of the

  5  participants in the unified family court model. The workgroup

  6  should initially focus on processing information to facilitate

  7  identifying, tracking, processing, and linking related cases

  8  involving the same family members. The workgroup may also work

  9  on other issues that may facilitate the operations of programs

10  of the unified family court model and the provision of

11  services to families before the court.

12         (3)  The final report of the workgroup should be

13  provided to the Legislature by February 1, 2004. The report

14  should identify, at a minimum, the information needs of the

15  courts, the clerks of court, the agencies, and other

16  stakeholders in programs of the unified family court model;

17  the information technology needed to facilitate the provision

18  and exchange of necessary information to, within, and from the

19  court under a unified family court model; the information

20  system that will meet those needs; the funding needs and

21  funding sources; and any other recommendations for legislative

22  action.

23         Section 24.  If any provision of this act or its

24  application to any person or circumstance is held invalid, the

25  invalidity does not affect other provisions or applications of

26  the act which can be given effect without the invalid

27  provision or application, and to this end the provisions of

28  this act are severable.

29         Section 25.  This act shall take effect July 1, 2003.

30

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  1            *****************************************

  2                          SENATE SUMMARY

  3    Revises various laws governing the family court system.
      Creates the Commission on Family Law and Children.
  4    Provides for a continuum of alternative dispute options
      to the judicial process. Provides for the confidentiality
  5    of certain disclosures in presuit and voluntary
      mediations. Increases the service charge for filing a
  6    petition to modify a dissolution of marriage. Provides
      that the proceeds of the service charge be used for
  7    specified mediation services. Authorizes the
      establishment of presuit mediation pilot programs for
  8    modifying or enforcing judgments relating to family
      matters. Imposes an earlier deadline for parents to
  9    complete parent education courses in
      dissolution-of-marriage proceedings. Repeals provisions
10    relating to the Florida Family Visitation Network.
      Provides for the establishment of a statewide
11    certification and monitoring system to improve the
      quality and safety of supervised visitation and exchange
12    programs. Provides incentives for law enforcement
      officers to secure educational credits and to volunteer
13    in these types of programs. Provides legislative intent
      for coordination between the court and social service
14    agencies. Provides for collaboration in developing a
      system that ensures access to services for children and
15    families in the court system. Requests the Supreme Court
      to provide guidance. Provides for an interagency
16    workgroup. (See bill for details.)

17

18

19

20

21

22

23

24

25

26

27

28

29

30

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