SENATE AMENDMENT
    Bill No. CS for SB 1974
    Amendment No. ___   Barcode 115816
                            CHAMBER ACTION
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       05/01/2003 03:32 PM         .                    
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11  Senator Campbell moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
15  
16  and insert:  
17         Section 1.  Statewide Guardian Ad Litem Office;
18  legislative findings and intent; creation; appointment of
19  executive director; duties of office.--
20         (1)  LEGISLATIVE FINDINGS AND INTENT.--
21         (a)  The Legislature finds that for the past 20 years,
22  the Guardian Ad Litem Program has been the only mechanism for
23  best interest representation for children in Florida who are
24  involved in dependency proceedings.
25         (b)  The Legislature also finds that while the Guardian
26  Ad Litem Program has been supervised by court administration
27  within the circuit courts since the program's inception, there
28  is a perceived conflict of interest created by the supervision
29  of program staff by the judges before whom they appear.
30         (c)  The Legislature further finds that the Governor's
31  Blue Ribbon Task Force concluded that "if there is any program
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    9:11 PM   04/29/03                              s1974c1c-32j0b

SENATE AMENDMENT Bill No. CS for SB 1974 Amendment No. ___ Barcode 115816 1 that costs the least and benefits the most, this one is it," 2 and that the guardian ad litem volunteer is an "indispensable 3 intermediary between the child and the court, between the 4 child and DCF." 5 (d) It is therefore the intent of the Legislature to 6 place the Guardian Ad Litem Program in an appropriate place 7 and provide a statewide infrastructure to increase functioning 8 and standardization among the local programs currently 9 operating in the 20 judicial circuits. 10 (2) STATEWIDE GUARDIAN AD LITEM OFFICE.--There is 11 created a Statewide Guardian Ad Litem Office within the 12 Justice Administrative Commission. The Justice Administrative 13 Commission shall provide administrative support and service to 14 the office to the extent requested by the executive director 15 within the available resources of the commission. The 16 Statewide Guardian Ad Litem Office shall not be subject to 17 control, supervision, or direction by the Justice 18 Administrative Commission in the performance of its duties. 19 (a) The head of the Statewide Guardian Ad Litem Office 20 is the executive director, who shall be appointed by the 21 Governor from a list of a minimum of three eligible applicants 22 submitted by a Guardian Ad Litem Qualifications Committee. The 23 Guardian Ad Litem Qualifications Committee shall be composed 24 of five persons, two persons appointed by the Governor, two 25 persons appointed by the Chief Justice of the Supreme Court, 26 and one person appointed by the Statewide Guardian Ad Litem 27 Association. The committee shall provide for statewide 28 advertisement and the receiving of applications for the 29 position of executive director. The Governor shall appoint an 30 executive director from among the recommendations, or the 31 Governor may reject the nominations and request the submission 2 9:11 PM 04/29/03 s1974c1c-32j0b
SENATE AMENDMENT Bill No. CS for SB 1974 Amendment No. ___ Barcode 115816 1 of new nominees. The executive director must have knowledge in 2 dependency law and knowledge of social service delivery 3 systems available to meet the needs of children who are 4 abused, neglected, or abandoned. The executive director shall 5 serve on a full-time basis and shall personally, or through 6 representatives of the office, carry out the purposes and 7 functions of the Statewide Guardian Ad Litem Office in 8 accordance with state and federal law. The executive director 9 shall report to the Governor. The executive director shall 10 serve a 3-year term, subject to removal for cause by the 11 Governor. Any person appointed to serve as the executive 12 director may be permitted to serve more than one term. 13 (b) The Statewide Guardian Ad Litem Office shall, 14 within available resources, have oversight responsibilities 15 for and provide technical assistance to all guardian ad litem 16 and attorney ad litem programs located within the judicial 17 circuits. 18 1. The office shall identify the resources required to 19 implement methods of collecting, reporting, and tracking 20 reliable and consistent case data. 21 2. The office shall review the current guardian ad 22 litem programs in Florida and other states. 23 3. The office, in consultation with local guardian ad 24 litem offices, shall develop statewide performance measures 25 and standards. 26 4. The office shall develop a guardian ad litem 27 training program. The office shall establish a curriculum 28 committee to develop the training program specified in this 29 subparagraph. The curriculum committee shall include, but not 30 be limited to, dependency judges, directors of circuit 31 guardian ad litem programs, active certified guardians ad 3 9:11 PM 04/29/03 s1974c1c-32j0b
SENATE AMENDMENT Bill No. CS for SB 1974 Amendment No. ___ Barcode 115816 1 litem, a mental health professional who specializes in the 2 treatment of children, a member of a child advocacy group, a 3 representative of the Florida Coalition Against Domestic 4 Violence, and a social worker experienced in working with 5 victims and perpetrators of child abuse. 6 5. The office shall review the various methods of 7 funding guardian ad litem programs, shall maximize the use of 8 those funding sources to the extent possible, and shall review 9 the kinds of services being provided by circuit guardian ad 10 litem programs. 11 6. The office shall continue the attorney ad litem 12 demonstration projects through at least October 1, 2004, and 13 may conduct or contract for other demonstration projects, 14 within funds appropriated or through gifts, grants, or 15 contributions for such purposes, to determine the feasibility 16 or desirability of new concepts of organization, 17 administration, financing, or service delivery designed to 18 preserve the civil and constitutional rights and fulfill other 19 needs of dependent children. 20 7. No later than October 1, 2004, the office shall 21 submit to the Governor, the President of the Senate, the 22 Speaker of the House of Representatives, and the Chief Justice 23 of the Supreme Court an interim report describing the progress 24 of the office in meeting the goals as described in this 25 section. No later than October 1, 2004, the office shall 26 submit to the Governor, the President of the Senate, the 27 Speaker of the House of Representatives, and the Chief Justice 28 of the Supreme Court a proposed plan including alternatives 29 for meeting the state's guardian ad litem and attorney ad 30 litem needs. This plan may include recommendations for less 31 than the entire state, may include a phase-in system, and 4 9:11 PM 04/29/03 s1974c1c-32j0b
SENATE AMENDMENT Bill No. CS for SB 1974 Amendment No. ___ Barcode 115816 1 shall include estimates of the cost of each of the 2 alternatives. Each year thereafter, the office shall provide a 3 status report and provide further recommendations to address 4 the need for guardian ad litem services and related issues. 5 Section 2. Transfer of existing programs.-- 6 (1) The pilot program for attorneys ad litem for 7 dependent children established in section 39.4086, Florida 8 Statutes, shall be transferred from the State Courts System to 9 the Statewide Guardian Ad Litem Office within the Justice 10 Administrative Commission. The Statewide Guardian Ad Litem 11 Office shall submit the final report required by section 12 39.4086(2)(h), Florida Statutes, by October 1, 2004. 13 (2) All funds and positions associated with the 14 Guardian Ad Litem Program within the State Courts System are 15 transferred by a type two transfer, pursuant to section 16 20.06(2), Florida Statutes, to the Statewide Guardian Ad Litem 17 Office within the Justice Administrative Commission on January 18 1, 2004, except that up to $35,000 and one full-time 19 equivalent position shall be transferred to the Justice 20 Administrative Commission effective October 1, 2004, to pay 21 for the salary and expenses of an executive director. 22 Section 3. This act shall take effect July 1, 2003. 23 24 25 ================ T I T L E A M E N D M E N T =============== 26 And the title is amended as follows: 27 Delete everything before the enacting clause 28 29 and insert: 30 A bill to be entitled 31 An act relating to guardians ad litem; 5 9:11 PM 04/29/03 s1974c1c-32j0b
SENATE AMENDMENT Bill No. CS for SB 1974 Amendment No. ___ Barcode 115816 1 providing legislative intent; creating the 2 Statewide Guardian Ad Litem Office within the 3 Justice Administrative Commission; providing 4 for the appointment of an executive director; 5 providing for duties; providing oversight 6 responsibility for local guardian ad litem and 7 attorney ad litem programs; providing for the 8 transfer of the attorney ad litem pilot program 9 and the funds and positions associated with the 10 Guardian Ad Litem Program to the Statewide 11 Guardian Ad Litem Office; providing an 12 effective date. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 6 9:11 PM 04/29/03 s1974c1c-32j0b