HB 1329CS

CHAMBER ACTION




2The Committee on Future of Florida's Families recommends the
3following:
4
5     Committee Substitute
6     Remove the entire bill and insert:
7
A bill to be entitled
8An act relating to supervised visitation programs for
9children; repealing ss. 753.001, 753.002, and 753.004,
10F.S., relating to the Florida Family Visitation Network;
11creating ss. 753.01, 753.02, 753.03, 753.04, 753.05,
12753.06, 753.07, 753.08, 753.09, and 753.10, F.S.;
13providing legislative findings and intent with respect to
14administering supervised visitation programs; defining
15terms for supervised visitation and supervised exchange
16services; providing for the development of standards for
17supervised visitation and supervised exchange services;
18providing for certification and monitoring of supervised
19visitation programs; requiring compliance with interim
20minimum standards; providing for security of supervised
21visitation programs; providing for the use of certain
22funds generated from an additional fee on requests for a
23certification of birth to be used by supervised visitation
24programs to meet security standards; requiring the
25Clearinghouse on Supervised Visitation to develop training
26materials; requiring the clearinghouse to fully implement
27and maintain a mechanism for data collection; encouraging
28supervised visitation programs to develop partnerships
29with community organizations; requiring the clearinghouse
30to develop standards for supervised visitation and
31supervised exchange services; providing for an advisory
32board; requiring reports to the Legislature and the Chief
33Justice of the Supreme Court; amending s. 943.135, F.S.;
34requiring the Criminal Justice Standards and Training
35Commission to allow agencies employing law enforcement
36officers to authorize volunteer service as a means of
37fulfilling requirements for continuing education; creating
38s. 943.254, F.S.; authorizing law enforcement agencies to
39administer a volunteer program for officers to provide
40security services during off-duty hours for certain
41community programs; amending s. 382.0255, F.S.; requiring
42the Department of Health to charge an additional fee for
43requests for a certification of birth issued by the
44department; providing for the distribution of the fee;
45providing an effective date.
46
47Be It Enacted by the Legislature of the State of Florida:
48
49     Section 1.  Sections 753.001, 753.002, and 753.004, Florida
50Statutes, are repealed.
51     Section 2.  Sections 753.01, 753.02, 753.03, 753.04,
52753.05, 753.06, 753.07, 753.08, 753.09, and 753.10, Florida
53Statutes, are created to read:
54     753.01  Supervised visitation programs; legislative
55findings and intent.--
56     (1)  The Legislature finds that there are children in this
57state who have been adjudicated dependent by the court and, as a
58result, are ordered into out-of-home placements. The Legislature
59finds that a large number of these children experience the
60separation or divorce of their parents. Some of these children
61have been determined by the court to be at risk for physical,
62emotional, or sexual abuse; parental abduction; domestic
63violence; or other harm as a result of parental impairment due
64to substance abuse or other conditions. The Legislature also
65finds that exposing the children to their parents' continuing
66conflicts is detrimental to the children.
67     (2)  The Legislature recognizes the importance of
68maintaining contact between children and their noncustodial
69parents while ensuring the safety of those children from further
70or potential abuse, danger, or flight. The Legislature further
71recognizes the importance of minimizing the circumstances in
72which children are exposed to their parents' anger and disputes.
73     (3)  The Legislature finds that supervised visitation
74programs provide critically needed services by offering children
75and noncustodial parents the opportunity to maintain a
76relationship in a safe environment while facilitating safe
77contact between perpetrators of domestic violence and their
78children.
79     (4)  The Legislature recognizes the need to ensure the
80safety of the children, parents, and staff participating in
81child visitations and exchanges. The Legislature also recognizes
82the need for high-quality program services that meet the many
83visitation and exchange needs of families, parents, and the
84courts. Therefore, the Legislature intends to provide, subject
85to available funding, uniform standards for supervised
86visitation and supervised exchange services to improve the
87security, training, and quality of supervised visitation
88programs and to use those standards to certify supervised
89visitation programs.
90     753.02  Definitions.--As used in this chapter, the term:
91     (1)  "Clearinghouse on Supervised Visitation" or
92"clearinghouse" means the entity within the Institute for Family
93Violence Studies in the School of Social Work of the Florida
94State University, which serves as a statewide resource on
95supervised visitation issues by providing technical assistance,
96training, and research.
97     (2)  "Custodial parent" means a natural or adoptive parent,
98guardian, caregiver, or state agency and its representative, who
99has temporary or permanent legal custody of a child.
100     (3)  "Department" means the Department of Children and
101Family Services.
102     (4)  "Noncustodial parent" means a natural or adoptive
103parent, guardian, caregiver, or other adult authorized by a
104court order to have supervised contact with the child.
105     (5)  "Supervised exchange" means the supervision of the
106movement of the child from the custodial parent to the
107noncustodial parent at the start of the visitation and from the
108noncustodial parent back to the custodial parent at the end of
109the visitation.
110     (6)  "Supervised visitation" means the contact between a
111noncustodial parent and child which occurs in the presence of an
112independent third party.
113     (7)  "Supervised visitation program" means a program
114created to offer safe and structured supervised visitation and
115supervised exchange services.
116     753.03  Standards for supervised visitation and supervised
117exchange services.--
118     (1)  The clearinghouse shall develop standards under s.
119753.10 to certify supervised visitation programs in order to
120ensure the safety, training, and quality of each program. These
121standards must be uniform for all the programs, and a supervised
122visitation program must meet these standards in order to be
123certified. The standards developed must address the purpose,
124policies, standards of practice, program content, security
125measures, qualifications of providers, training, credentials of
126staff, information to be provided to the court, and data
127collection for supervised visitation programs.
128     (2)  A supervised visitation program must be certified
129before the court, the department, or another entity may refer
130families for supervised visitation or supervised exchange
131services.
132     (3)  A supervised visitation program is encouraged to
133voluntarily comply with the standards developed under s. 753.10
134prior to implementation of the certification process under s.
135753.04.
136     753.04  Certification and monitoring of supervised
137visitation programs.--
138     (1)  The process for certifying and monitoring the initial
139and ongoing compliance of a supervised visitation program with
140the standards developed under s. 753.10 shall be phased in and
141is contingent upon the availability of funds. The first phase of
142the certification process must emphasize compliance with the
143standards relating to program security.
144     (2)  Once the certification process is fully implemented, a
145supervised visitation program must be certified in order to
146receive state or federal funds.
147     (3)  A supervised visitation program must be certified
148before it may accept persons referred from courts, the
149department, or other entities for supervised visitation or
150supervised exchange services.
151     753.05  Interim minimum standards for supervised visitation
152programs.--
153     (1)  Until the standards for supervised visitation and
154supervised exchange services are completed under s. 753.10 and
155the certification and monitoring process is fully implemented,
156each supervised visitation program must comply with the "Minimum
157Standards for Supervised Visitation Programs Agreement" adopted
158by the Supreme Court on November 18, 1999. Under this order, a
159supervised visitation program shall enter into an agreement with
160the circuit court or circuit courts within that program's
161geographic jurisdiction attesting to the program's willingness
162to comply with the Supreme Court's standards.
163     (2)  Until the standards for supervised visitation and
164supervised exchange services are completed and a certification
165and monitoring process is fully implemented, a supervised
166visitation program may not receive grant funds for access and
167visitation under 42 U.S.C. s. 669b, unless the program provides
168documentation to the state agency administering the grant
169verifying that the program has entered into an agreement with
170the circuit court as required under subsection (1). This
171subsection does not obligate the state agency administering the
172grant to certify a program's compliance with the Minimum
173Standards for Supervised Visitation Programs Agreements.
174     753.06  Security in supervised visitation programs.--
175     (1)  Due to the nature of the relationships that created
176the need for supervised visitation and supervised exchange
177services, the security of each person participating in a
178supervised visitation program must be a priority for each
179program. Security concerns shall be a substantial component of
180the adopted standards. Therefore, the safety of the children,
181custodial and noncustodial parents, and program staff shall be
182ensured by each program, and the importance of that safety shall
183be emphasized in all training.
184     (2)  Each supervised visitation program is encouraged to
185collaborate with local law enforcement agencies to facilitate
186volunteerism by law enforcement officers at supervised
187visitation programs using mechanisms such as those provided
188under ss. 943.135(2) and 943.254 and using administrative leave
189permitted for state employees who participate in community
190service programs.
191     (3)  Funds made available as a result of s. 382.0255 shall
192be used to assist supervised visitation programs meet the
193standards pertaining to security measures to be developed
194pursuant to s. 753.10. The funds shall be made available to
195supervised visitation programs through the Department of
196Children and Family Services based on criteria recommended by
197the advisory board provided in s. 753.10.
198     753.07  Training for supervised visitation and supervised
199exchange services.--Contingent upon the availability of funding,
200the clearinghouse shall develop, maintain, and update
201competency-based training materials for supervised visitation
202and supervised exchange services which are appropriate to meet
203the training needs of program staff. The clearinghouse shall
204also provide training to staff of the supervised visitation
205programs. The clearinghouse shall track trained staff who have
206completed training requirements, to the extent permitted by
207available funding.
208     753.08  Supervised visitation programs; data
209collection.--Contingent upon the availability of funding, the
210Contingent upon the availability of funding, the clearinghouse
211shall fully implement and maintain a mechanism for collecting
212data on supervised visitation and supervised exchange services
213provided in this state. Each supervised visitation program must
214maintain and submit the identified data to the clearinghouse.
215The clearinghouse shall annually compile the information and
216make it available to the President of the Senate, the Speaker of
217the House of Representatives, the courts, the Chief Justice of
218the Supreme Court, the department, and any other organization
219represented on the advisory board provided for in s. 753.10.
220     753.09  Supervised visitation programs; community
221partnerships.--A supervised visitation program is encouraged to
222develop partnerships with other organizations in its community
223which may be able to offer important resources to strengthen the
224services provided. Such community partners may include, but are
225not limited to, county and city governments, such as local
226extension services, and colleges and universities, such as the
227University of Florida Institute of Food and Agricultural
228Sciences and the Florida State University Institute of Family
229Violence Studies, the Junior League, and the United Way.
230     753.10  Development of standards and a certification
231process.--
232     (1)  The clearinghouse shall develop standards for the
233supervised visitation and supervised exchange services. The
234standards developed must address the purpose, policies,
235standards of practice, program content, security measures,
236qualifications of providers, training, credentials of staff,
237information to be provided to the court, and data collection for
238supervised visitation programs. The standards shall be the basis
239for certifying supervised visitation programs. A supervised
240visitation program may not be certified unless it meets the
241standards adopted by the designated state agency.
242     (2)  The clearinghouse shall use an advisory board to
243assist in developing the standards. The advisory board must
244include:
245     (a)  Two members of the executive board of the state
246chapter of the Supervised Visitation Network, appointed by the
247president of the state chapter of the Supervised Visitation
248Network.
249     (b)  A representative from the Office of the State Courts
250Administrator, appointed by the State Courts Administrator.
251     (c)  A representative from the department, appointed by the
252Secretary of Children and Family Services.
253     (d)  A representative from the Florida Coalition Against
254Domestic Violence, appointed by the executive director of the
255Florida Coalition Against Domestic Violence.
256     (e)  A representative from a local law enforcement agency,
257appointed by the executive director of the Florida Sheriffs
258Association.
259     (f)  A family law judge, appointed by the Chief Justice of
260the Supreme Court.
261     (g)  Two representatives from a supervised visitation
262program, appointed by the director of the clearinghouse.
263     (h)  A representative from the Junior League, selected by
264the State Board of the Junior League.
265     (i)  A representative from the Commission on Marriage and
266Family Support Initiatives.
267     (3)  The clearinghouse, with consultation from the advisory
268board, shall also develop the criteria and procedures for
269approving and rejecting certification applications and for
270monitoring compliance with the certification of a supervised
271visitation program. Additionally, the clearinghouse shall
272recommend the process for phasing in the implementation of the
273standards and certification procedures and a recommendation
274concerning the state entity that should certify and monitor the
275supervised visitation programs.
276     (4)  The clearinghouse shall submit a preliminary report
277containing its recommendations on the uniform standards and the
278certification and monitoring developed to date by December 31,
2792004, and a final report of all recommendations by December 31,
2802005, to the President of the Senate, the Speaker of the House
281of Representatives, and the Chief Justice of the Supreme Court.
282     (5)  It is the intent of the Legislature that the standards
283for supervised visitation and supervised exchange services and
284the criteria and procedures for the certification and monitoring
285process be adopted as rules by the state entity designated by
286the Legislature to certify and monitor the supervised visitation
287programs.
288     Section 3.  Subsections (2), (3), and (4) of section
289943.135, Florida Statutes, are renumbered as subsections (3),
290(4), and (5), respectively, and a new subsection (2) is added to
291said section to read:
292     943.135  Requirements for continued employment.--
293     (2)  The commission shall permit an employing agency to
294allow an officer to meet up to 3 hours of the 40 hours of
295required continuing education and training by volunteering at a
296community-based, not-for-profit organization that serves
297children or families who have experienced or are at risk for
298child abuse or domestic violence, including, but not limited to,
299a supervised visitation program as provided in chapter 753. This
300special population poses complex challenges to law enforcement
301officers. Continuing education and training through community
302service provides a unique learning opportunity for officers to
303understand the special needs of this group of constituents,
304build community relations, and provide a visible presence of law
305enforcement officers in the community. Volunteer time applied as
306continuing education and training under this subsection may
307include time spent in providing security services but does not
308substitute for the continuing education in domestic violence
309required under s. 943.1701.
310     Section 4.  Section 943.254, Florida Statutes, is created
311to read:
312     943.254  Volunteer work by law enforcement officers.--
313     (1)  An employing agency may operate or administer a
314program for law enforcement officers to provide volunteer
315security services during off-duty hours at a community-based,
316not-for-profit program that serves children or families who have
317experienced or are at risk for child abuse or domestic violence
318and that involves potential risk to staff or clients. A
319community-based, not-for-profit program may include, but need
320not be limited to, a supervised visitation program operating
321under chapter 753.
322     (2)  Any community-based, not-for-profit program at which a
323law enforcement officer volunteers is responsible for the acts
324or omissions of the law enforcement officer while he or she is
325performing services for that program off-duty. However, for
326purposes of coverage under the Workers' Compensation Law, a law
327enforcement officer who volunteers as provided in this section
328and who meets the provisions of s. 440.091 shall be considered
329to have been acting within the course of employment under s.
330440.091.
331     (3)  A law enforcement officer who volunteers during off-
332duty hours as provided in this section is exempt from the
333licensure requirements of chapter 493 for persons who provide
334security or investigative services.
335     Section 5.  Subsections (3) and (4) of section 382.0255,
336Florida Statutes, are renumbered as subsections (4) and (5),
337respectively, and a new subsection (3) is added to said section
338to read:
339     382.0255  Fees.--
340     (3)  The fee charged for each request for a certification
341of a birth record issued by the department shall be subject to
342an additional fee of $1, which shall be deposited in the
343appropriate departmental trust fund. Fees collected pursuant to
344this section shall be used by the supervised visitation programs
345to prevent child abuse and domestic violence. On a yearly basis,
346the department shall transfer the fees collected to the Grants
347and Donations Trust Fund to be distributed to the supervised
348visitation programs by the Department of Children and Family
349Services as provided for in s. 753.06.
350     Section 6.  This act shall take effect July 1, 2004.


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