Senate Bill sb2640c1
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Florida Senate - 2004 CS for SB 2640
By the Committee on Children and Families; and Senator
Villalobos
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1 A bill to be entitled
2 An act relating to parenting coordination;
3 amending s. 61.046, F.S.; providing
4 definitions; creating s. 61.125, F.S.; creating
5 the parenting coordination program; authorizing
6 the court to appoint and discharge a parenting
7 coordinator in certain proceedings; providing
8 that communications with a parenting
9 coordinator are not confidential except in
10 certain situations; establishing the
11 qualifications for a parenting coordinator;
12 requiring the court to determine a party's
13 financial ability to pay for certain services
14 under certain circumstances; specifying powers
15 and duties of a parenting coordinator;
16 providing for compensation; restricting
17 parenting coordinators from serving in certain
18 cases; providing civil immunity for parenting
19 coordinators acting within the scope of
20 employment; providing an effective date.
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22 Be It Enacted by the Legislature of the State of Florida:
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24 Section 1. Subsections (14), (15), (16), (17), (18),
25 (19), and (20) of section 61.046, Florida Statutes, are
26 renumbered as subsections (15), (16), (17), (18), (19), (20),
27 and (21), respectively, and a new subsection (14) is added to
28 that section, to read:
29 61.046 Definitions.--As used in this chapter:
30 (14) "Parenting coordination" means a process in which
31 a parenting coordinator helps the parties implement their
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1 parenting plan by facilitating the resolution of disputes
2 between parents or legal guardians and, with the prior
3 approval of the parties and the court, by making decisions
4 within the scope of the court order of appointment.
5 Section 2. Section 61.125, Florida Statutes, is
6 created to read:
7 61.125 Court-ordered parenting coordination.--
8 (1) After notice to the parties, the court may, on its
9 own motion, a motion by one of the parties, or an agreement by
10 the parties, appoint a parenting coordinator to perform the
11 duties outlined in subsection (9) if the court finds all of
12 the following:
13 (a) The parties failed to adequately implement their
14 parenting plan in relation to the child or children who are
15 the subject or subjects of the proceedings.
16 (b) Mediation has not been successful or has been
17 determined by the judge to be inappropriate.
18 (c) The appointment of a parenting coordinator is in
19 the best interest of the child or children involved in the
20 proceedings.
21 (2) The parenting coordinator shall serve until
22 discharged by the court.
23 (3) With written consent of the parties, the court may
24 order that the parenting coordinator has the authority to
25 determine specific matters related to implementing the
26 parenting plan. Any determination shall be in writing,
27 provided to all parties and their attorneys; and shall become
28 binding on the parties until a court of competent jurisdiction
29 finds otherwise. The coordinator's determination is subject to
30 de novo review.
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1 (4) Communications with the parenting coordinator are
2 not confidential, unless the court finds that designation as
3 confidential of all or part of the communications is in the
4 best interest of the child or children involved. Such
5 determination must be agreed upon by both parties and the
6 coordinator.
7 (5) Unless otherwise agreed to by the parties, each
8 person appointed by the court to serve as a parenting
9 coordinator shall meet all of the following qualifications:
10 (a) Licensure as a mental health professional pursuant
11 to chapter 490 or chapter 491, or licensure as a physician
12 pursuant to chapter 458 with certification by the American
13 Board of Psychiatry and Neurology.
14 (b) Three years of postlicensure practice.
15 (c) Completion of a Florida Supreme Court certified
16 family mediation training program.
17 (d) A minimum of 20 hours of parenting coordination
18 training, including:
19 1. Parenting coordination concepts and ethics.
20 2. Family dynamics in separation and divorce.
21 3. The parenting coordination process.
22 4. Parenting coordination techniques.
23 5. Family court procedures.
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25 Service as a parenting coordinator in four or more cases
26 before October 1, 2004, may be substituted for the
27 requirements of paragraphs (a) and (b).
28 (6) Unless otherwise agreed to by the parties,
29 referral to a parenting coordinator or parenting coordination
30 program which charges a fee may only be made if the court has
31 determined that the parties have the financial ability to pay
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1 such a fee. The determination may be based upon financial
2 affidavits submitted by the parties or other financial
3 information available to the court.
4 (7) A parenting coordinator may be compensated by the
5 parties or by public funds to the extent available.
6 (8) The parenting coordinator shall assist the parties
7 and the children in implementing the court-ordered parenting
8 plan, and is generally required to protect the children's best
9 interests. The parenting coordinator is entitled to
10 communicate with the parties, children, health care providers,
11 and any other third parties deemed necessary by the parenting
12 coordinator, provided that the parties have signed any
13 necessary releases.
14 (9) The duties of a parenting coordinator include:
15 (a) Assisting the parents in implementing the
16 parenting plan and in developing structured guidelines for
17 implementation of the plan.
18 (b) Developing guidelines for communication between
19 the parents. The parenting coordinator may refer one or both
20 parents to appropriate resources for the development of
21 parenting skills.
22 (c) Assisting the parents in developing parenting
23 strategies in a manner that minimizes conflict.
24 (d) Teaching communication skills and principles of
25 child development.
26 (e) Educating both parents about the sources of their
27 conflict and its effect on the children.
28 (10) The parenting coordinator shall not:
29 (a) Serve as a child custody evaluator in a proceeding
30 involving one or more parties for whom he or she has provided
31 prior parenting coordination services.
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1 (b) Provide a determination, recommendation, or
2 opinion on child custody or primary physical residence.
3 (c) Provide a determination on financial matters.
4 (d) Modify the substantive rights of the parties as
5 provided in the parenting agreement or other valid court
6 order.
7 (e) Serve in the role of a therapist. Any issue
8 indicating the need for therapy shall be referred to the
9 appropriate professional or resource.
10 (11) A parenting coordinator duly appointed by the
11 court shall not be held liable for civil damages for any act
12 or omission in the scope of the parenting coordinator's
13 statutory duties as enumerated in this section, unless such
14 person acted in bad faith or with malicious purpose, or in a
15 manner exhibiting wanton and willful disregard of the rights,
16 safety, or property of the parties.
17 (12) For the purposes of this section, the term
18 "parenting plan" means a temporary or final court order
19 setting out the residence, parental responsibilty, visitation,
20 or other parental responsibilty issues in a dissolution of
21 marriage proceeding or any other civil action involving
22 custody or parenting of a child or children. This subsection
23 shall not apply to proceedings under chapter 39.
24 Section 3. This act shall take effect October 1, 2004.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 2640
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- Adds the specific duties of the parenting coordinator.
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- Distinguishes the functions that the parenting
6 coordinator can perform without the consent of the
parties from the functions that require the consent of
7 the parties.
8 - Changes the term "shared parenting plan" to "parenting
plan."
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- Shifts the definition of "parenting plan" to the newly
10 created section for parenting coordination.
11 - Removes reference to additional qualifications for the
parenting coordinator that may be established by the
12 Florida Supreme Court or the chief circuit judge.
13 - Stipulates the basic requirement of the parenting
coordinator for protecting the child's best interest.
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- Adds acts which the parenting coordinator is prohibited
15 from performing.
16 - Authorizes the parenting coordinator to communicate with
other parties if the appropriate releases have been
17 signed.
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