SENATE AMENDMENT
    Bill No. CS for SB 1974
    Amendment No. ___   Barcode 871658
                            CHAMBER ACTION
              Senate                               House
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       05/01/2003 12:40 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
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16  and insert:  
17         Section 1.  Creation of the Statewide Guardian Ad Litem
18  Office; legislative findings and intent; appointment of an
19  executive director; duties of the office; transfer of existing
20  programs.--
21         (1)  LEGISLATIVE FINDINGS AND INTENT.--
22         (a)  The Legislature finds that for the past 20 years
23  the guardian ad litem program has been the only mechanism for
24  representing the best interests of children in this state who
25  are involved in dependency proceedings.
26         (b)  The Legislature also finds that, while the
27  guardian ad litem program has been supervised by the Office of
28  the State Courts Administrator since the inception of the
29  program, there is a perceived conflict of interest created by
30  the supervision of program staff by the judges before whom
31  they appear.
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    5:17 PM   04/24/03                              s1974c1c-32t7x

SENATE AMENDMENT Bill No. CS for SB 1974 Amendment No. ___ Barcode 871658 1 (c) The Legislature further finds that the guardian ad 2 litem program has not been identified as a core element of the 3 judicial branch and is therefore scheduled to be moved out of 4 the branch in 2004 as a result of a revision to Article V of 5 the State Constitution. It is, therefore, the intent of the 6 Legislature to assign the guardian ad litem program to an 7 appropriate agency and to provide a statewide infrastructure 8 to improve functioning and increase standardization among the 9 local programs currently operating in the 20 judicial 10 circuits. 11 (2) STATEWIDE GUARDIAN AD LITEM OFFICE.--There is 12 created a Statewide Guardian Ad Litem Office within the 13 Justice Administrative Commission. The Justice Administrative 14 Commission shall, within the available resources of the 15 commission, provide administrative support and services to the 16 office to the extent requested by the executive director of 17 the office. The Statewide Guardian Ad Litem Office is not 18 subject to control, supervision, or direction by the Justice 19 Administrative Commission in the performance of its duties. 20 (a) The head of the Statewide Guardian Ad Litem Office 21 is the executive director, who shall be appointed by the 22 Governor in consultation with the Chief Justice of the Florida 23 Supreme Court. The executive director must have knowledge of 24 dependency law and knowledge of social service delivery 25 systems available to meet the needs of children who have been 26 adjudicated dependent. The executive director shall serve full 27 time and shall personally or through representatives of the 28 office carry out the purposes and functions of the Statewide 29 Guardian Ad Litem Office in accordance with state and federal 30 law. The executive director shall serve at the pleasure of the 31 Governor and shall report to the Governor. 2 5:17 PM 04/24/03 s1974c1c-32t7x
SENATE AMENDMENT Bill No. CS for SB 1974 Amendment No. ___ Barcode 871658 1 (b) The Statewide Guardian Ad Litem Office shall, 2 within available resources, have oversight responsibilities 3 for and provide technical assistance to all guardian ad litem 4 and existing attorney ad litem programs located within the 5 judicial circuits. 6 1. The office shall review the current guardian ad 7 litem programs in this state and in other states. 8 2. The office, in consultation with local guardian ad 9 litem offices, shall develop statewide performance measures 10 and standards. 11 3. The office shall develop a guardian ad litem 12 training program. The office shall establish a curriculum 13 committee to develop the training program, which committee 14 shall include, but is not limited to, dependency judges, 15 directors of circuit guardian ad litem programs, active 16 certified guardians ad litem, a mental health professional who 17 specializes in the treatment of children, a member of a child 18 advocacy group, a representative of the Florida Coalition 19 Against Domestic Violence, and a social worker who is 20 experienced in working with victims and perpetrators of child 21 abuse. 22 4. The office shall review the various methods of 23 funding guardian ad litem programs, shall maximize the use of 24 those funding sources as much as possible, and shall review 25 the kinds of services that are being provided by circuit 26 guardian ad litem programs. 27 5. The office shall continue the attorney ad litem 28 projects and may conduct or contract for other demonstration 29 projects, within the funds that have been appropriated or 30 through gifts, grants, or contributions for such purposes, to 31 determine the feasibility or desirability of new concepts of 3 5:17 PM 04/24/03 s1974c1c-32t7x
SENATE AMENDMENT Bill No. CS for SB 1974 Amendment No. ___ Barcode 871658 1 organization, administration, financing, or service delivery 2 designed to preserve the civil and constitutional rights and 3 to fulfill other needs of dependent children. 4 6. By October 1, 2004, the office shall submit to the 5 Governor, the President of the Senate, the Speaker of the 6 House of Representatives, and the Chief Justice of the Supreme 7 Court an interim report that describes the progress of the 8 office in meeting the goals described in this section. By 9 October 1, 2004, the office shall also submit to the Governor, 10 the President of the Senate, the Speaker of the House of 11 Representatives, and the Chief Justice of the Supreme Court a 12 proposed plan that includes alternatives for meeting the 13 guardian ad litem and attorney ad litem needs in this state. 14 This plan may include recommendations covering less than the 15 entire state, may include a phase-in system, and must include 16 estimates of the cost of each of the alternatives. Each year 17 thereafter, the office shall submit a status report and 18 provide further recommendations to address the need for 19 guardian ad litem services and related issues. 20 Section 2. The pilot program for attorneys ad litem 21 for dependent children, established under section 39.4086, 22 Florida Statutes, is transferred from the Office of the State 23 Courts Administrator to the Statewide Guardian Ad Litem Office 24 within the Justice Administrative Commission. 25 Section 3. All funds and positions associated with the 26 guardian ad litem program in the Office of the State Courts 27 Administrator are transferred by a type II transfer to the 28 Statewide Guardian Ad Litem Office within the Justice 29 Administrative Commission. 30 Section 4. This act shall take effect July 1, 2003. 31 4 5:17 PM 04/24/03 s1974c1c-32t7x
SENATE AMENDMENT Bill No. CS for SB 1974 Amendment No. ___ Barcode 871658 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 Delete everything before the enacting clause 4 5 and insert: 6 A bill to be entitled 7 An act relating to guardian ad litem services; 8 providing legislative findings and intent; 9 creating the Statewide Guardian Ad Litem Office 10 within the Justice Administrative Commission; 11 providing for the appointment of an executive 12 director; providing for the duties of the 13 executive director; providing responsibilities 14 of the office; providing for the continuation 15 of the attorney ad litem program; requiring the 16 office to submit to the Governor, legislative 17 leaders, and the Chief Justice of the Florida 18 Supreme Court an annual report and a plan for 19 meeting the guardian ad litem needs of the 20 state; transferring a pilot program for 21 attorneys ad litem for dependent children to 22 the office; transferring funds and positions to 23 the office; providing an effective date. 24 25 26 27 28 29 30 31 5 5:17 PM 04/24/03 s1974c1c-32t7x