Senate Bill sb0498c1

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    Florida Senate - 2004                            CS for SB 498

    By the Committee on Children and Families; and Senator Lynn





    300-1343-04

  1                      A bill to be entitled

  2         An act relating to supervised visitation

  3         programs for children; repealing ss. 753.001,

  4         753.002, 753.004, F.S., relating to the Florida

  5         Family Visitation Network; creating ss. 753.01,

  6         753.02, 753.03, 753.04, 753.05, 753.06, 753.07,

  7         753.08, 753.09, and 753.10, F.S.; providing

  8         legislative intent with respect to

  9         administering supervised visitation programs;

10         defining terms for supervised visitation and

11         supervised exchange services; providing for the

12         development of standards for supervised

13         visitation and supervised exchange services;

14         requiring compliance with interim minimum

15         standards; providing for security of supervised

16         visitation programs; providing for the use of

17         funds generated from an additional fee on

18         requests for a certification of birth to be

19         used by supervised visitation programs to meet

20         security standards; requiring the Clearinghouse

21         on Supervised Visitation to develop training

22         materials; providing for the clearinghouse to

23         fully implement and maintain a mechanism for

24         data collection; encouraging supervised

25         visitation programs to develop partnerships

26         with community organizations; providing for the

27         clearinghouse to develop standards for

28         supervised visitation and supervised exchange

29         services; providing for an advisory board;

30         requiring reports to the Legislature; amending

31         s. 943.135, F.S.; requiring the Criminal

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    Florida Senate - 2004                            CS for SB 498
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 1         Justice Standards and Training Commission to

 2         allow agencies employing law enforcement

 3         officers to authorize volunteer service as a

 4         means of fulfilling requirements for continuing

 5         education; creating s. 943.254, F.S.;

 6         authorizing law enforcement agencies to

 7         administer a volunteer program for officers to

 8         provide security services during off-duty hours

 9         for certain community programs; amending s.

10         382.0255, F.S.; requiring the Department of

11         Health to charge an additional fee for requests

12         for a certification of birth issued by the

13         department; providing an effective date.

14  

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

16  

17         Section 1.  Sections 753.001, 753.002, and 753.004,

18  Florida Statutes, are repealed.

19         Section 2.  Sections 753.01, 753.02, 753.03, 753.04,

20  753.05, 753.06, 753.07, 753.08, 753.09, and 753.10, Florida

21  Statutes, are created to read:

22         753.01  Supervised visitation programs; legislative

23  findings and intent.--

24         (1)  The Legislature finds that there are children in

25  this state who have been adjudicated dependent by the court

26  and, as a result, are ordered into out-of-home placements. The

27  Legislature finds that a large number of these children

28  experience the separation or divorce of their parents. Some of

29  these children have been determined by the court to be at risk

30  for physical, emotional, or sexual abuse; parental abduction;

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

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    Florida Senate - 2004                            CS for SB 498
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 1  impairment due to substance abuse or other conditions. The

 2  Legislature also finds that exposing the children to their

 3  parents' continuing conflicts is detrimental to the children.

 4         (2)  The Legislature recognizes the importance of

 5  maintaining contact between children and their noncustodial

 6  parents while ensuring the safety of those children from

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

 8  further recognizes the importance of minimizing the

 9  circumstances in which children are exposed to their parents'

10  anger and disputes.

11         (3)  The Legislature finds that supervised visitation

12  programs provide critically needed services by offering

13  children and noncustodial parents the opportunity to maintain

14  a relationship in a safe environment while facilitating safe

15  contact between perpetrators of domestic violence and their

16  children.

17         (4)  The Legislature recognizes the need to ensure the

18  safety of the children, parents, and staff participating in

19  child visitations and exchanges. The Legislature also

20  recognizes the need for high-quality program services that

21  meet the many visitation and exchange needs of families,

22  parents, and the courts. Therefore, the Legislature intends to

23  provide, subject to available funding, uniform standards for

24  supervised visitation and supervised exchange services to

25  improve the security, training, and quality of supervised

26  visitation programs and to use those standards to certify

27  supervised visitation programs.

28         753.02  Definitions.--As used in this chapter, the

29  term:

30         (1)  "Clearinghouse on Supervised Visitation" or

31  "clearinghouse" means the entity within the Institute for

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    Florida Senate - 2004                            CS for SB 498
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 1  Family Violence Studies in the School of Social Work of the

 2  Florida State University which serves as a statewide resource

 3  on supervised visitation issues by providing technical

 4  assistance, training, and research.

 5         (2)  "Custodial parent" means a natural or adoptive

 6  parent, guardian, caregiver, or state agency and its

 7  representative, who has temporary or permanent legal custody

 8  of a child.

 9         (3)  "Department" means the Department of Children and

10  Family Services.

11         (4)  "Noncustodial parent" means a natural or adoptive

12  parent, guardian, caregiver, or other adult authorized by a

13  court order to have supervised contact with the child.

14         (5)  "Supervised exchange" means the supervision of the

15  movement of the child from the custodial parent to the

16  noncustodial parent at the start of the visitation and from

17  the noncustodial parent back to the custodial parent at the

18  end of the visitation.

19         (6)  "Supervised visitation" means the contact between

20  a noncustodial parent and child which occurs in the presence

21  of an independent third party.

22         (7)  "Supervised visitation program" means a program

23  created to offer safe and structured supervised visitation and

24  supervised exchange services.

25         753.03  Standards for supervised visitation and

26  supervised exchange services.--

27         (1)  The clearinghouse shall develop standards under s.

28  753.10 to certify supervised visitation programs in order to

29  ensure the safety, training, and quality of each program.

30  These standards must be uniform for all the programs and a

31  supervised visitation program must meet these standards in

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    Florida Senate - 2004                            CS for SB 498
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 1  order to be certified. The standards developed must address

 2  the purpose, policies, standards of practice, program content,

 3  security measures, qualifications of providers, training,

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

 5  and data collection for supervised visitation programs.

 6         (2)  A supervised visitation program must be certified

 7  before the court, the department, or another entity may refer

 8  families for supervised visitation or supervised exchange

 9  services.

10         (3)  A supervised visitation program is encouraged to

11  voluntarily comply with the standards developed under s.

12  753.10 prior to implementation of the certification process

13  under s. 753.04.

14         753.04  Certification and monitoring of supervised

15  visitation programs.--

16         (1)  The process for certifying and monitoring the

17  initial and ongoing compliance of a supervised visitation

18  program with the standards developed under s. 753.10 shall be

19  phased in and is contingent upon the availability of funds.

20  The first phase of the certification process must emphasize

21  compliance with the standards relating to program security.

22         (2)  Once the certification process is fully

23  implemented, a supervised visitation program must be certified

24  in order to receive state or federal funds.

25         (3)  A supervised visitation program must be certified

26  before it may accept persons referred from courts, the

27  department, or other entities for supervised visitation or

28  supervised exchange services.

29         753.05  Interim minimum standards for supervised

30  visitation programs.--

31  

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    Florida Senate - 2004                            CS for SB 498
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 1         (1)  Until the standards for supervised visitation and

 2  supervised exchange services are completed under s. 753.10 and

 3  the certification and monitoring process is fully implemented,

 4  each supervised visitation program must comply with the

 5  "Minimum Standards for Supervised Visitation Programs

 6  Agreement" adopted by the Supreme Court on November 18, 1999.

 7  Under this order, a supervised visitation program shall enter

 8  into an agreement with the circuit court or circuit courts

 9  within that program's geographic jurisdiction attesting to the

10  program's willingness to comply with the Supreme Court's

11  standards.

12         (2)  Until the standards for supervised visitation and

13  supervised exchange services are completed and a certification

14  and monitoring process is fully implemented, a supervised

15  visitation program may not receive grant funds for access and

16  visitation under 42 U.S.C. s. 669b, unless the program

17  provides documentation to the state agency administering the

18  grant verifying that the program has entered into an agreement

19  with the circuit court as required under subsection (1). This

20  subsection does not obligate the state agency administering

21  the grant to certify a program's compliance with the Minimum

22  Standards for Supervised Visitation Programs Agreements.

23         753.06  Security in supervised visitation programs.--

24         (1)  Due to the nature of the relationships that

25  created the need for supervised visitation and supervised

26  exchange services, the security of each person participating

27  in a supervised visitation program must be a priority for each

28  program. Security concerns shall be a substantial component of

29  the adopted standards. Therefore, the safety of the children,

30  custodial and noncustodial parents, and program staff shall be

31  

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    Florida Senate - 2004                            CS for SB 498
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 1  ensured by each program and the importance of that safety

 2  shall be emphasized in all training.

 3         (2)  Each supervised visitation program is encouraged

 4  to collaborate with local law enforcement agencies to

 5  facilitate volunteerism by law enforcement officers at

 6  supervised visitation programs using mechanisms such as those

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

 8  administrative leave permitted for state employees who

 9  participate in community service programs.

10         (3)  Funds made available as a result of s. 382.0255

11  shall be used to assist supervised visitation programs meet

12  the standards pertaining to security measures to be developed

13  pursuant to s. 753.10. The funds shall be made available to

14  supervised visitation programs through the Department of

15  Children and Family Services based on criteria recommended by

16  the advisory board provided in s. 753.10.

17         753.07  Training for supervised visitation and

18  supervised exchange services.--Contingent upon the

19  availability of funding, the Clearinghouse on Supervised

20  Visitation shall develop, maintain, and update

21  competency-based training materials for supervised visitation

22  and supervised exchange services which are appropriate to meet

23  the training needs of program staff. The clearinghouse shall

24  also provide training to staff of the supervised visitation

25  programs. The clearinghouse shall track trained staff who have

26  completed training requirements, to the extent permitted by

27  available funding.

28         753.08  Supervised visitation programs; data

29  collection.--Contingent upon the availability of funding, the

30  clearinghouse shall fully implement and maintain a mechanism

31  for collecting data on supervised visitation and supervised

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    Florida Senate - 2004                            CS for SB 498
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 1  exchange services provided in this state. Each supervised

 2  visitation program must maintain and submit the identified

 3  data to the clearinghouse. The clearinghouse shall annually

 4  compile the information and make it available to the President

 5  of the Senate, the Speaker of the House of Representatives,

 6  the courts, the Chief Justice of the Supreme Court, the

 7  department, and any other organization represented on the

 8  advisory board provided for in s. 753.10.

 9         753.09  Supervised visitation programs; community

10  partnerships.--A supervised visitation program is encouraged

11  to develop partnerships with other organizations in its

12  community which may be able to offer important resources to

13  strengthen the services provided. Such community partners may

14  include, but are not limited to, county and city governments,

15  such as local extension services, and colleges and

16  universities, such as the University of Florida Institute of

17  Food and Agricultural Sciences and the Florida State

18  University Institute of Family Violence Studies, the Junior

19  League, and the United Way.

20         753.10  Development of standards and a certification

21  process.--

22         (1)  The clearinghouse shall develop standards for the

23  supervised visitation and supervised exchange services. The

24  standards developed must address the purpose, policies,

25  standards of practice, program content, security measures,

26  qualifications of providers, training, credentials of staff,

27  information to be provided to the court, and data collection

28  for supervised visitation programs. The standards shall be the

29  basis for certifying supervised visitation programs. A

30  supervised visitation program may not be certified unless it

31  meets the standards adopted by the designated state agency.

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    Florida Senate - 2004                            CS for SB 498
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 1         (2)  The clearinghouse shall use an advisory board to

 2  assist in developing the standards. The advisory board must

 3  include:

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

 5  chapter of the Supervised Visitation Network, appointed by the

 6  president of the state chapter of the Supervised Visitation

 7  Network.

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

 9  Courts Administrator, appointed by the State Courts

10  Administrator.

11         (c)  A representative from the department, appointed by

12  the Secretary of Children and Family Services.

13         (d)  A representative from the Florida Coalition

14  Against Domestic Violence, appointed by the executive director

15  of the Florida Coalition Against Domestic Violence.

16         (e)  A representative from a local law enforcement

17  agency, appointed by the executive director of the Florida

18  Sheriffs Association.

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

20  of the Supreme Court.

21         (g)  Two representatives from a supervised visitation

22  program, appointed by the director of the clearinghouse.

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

24  by the State Board of the Junior League.

25         (i)  A representative from the Commission on Marriage

26  and Family Support Initiatives.

27         (3)  The clearinghouse, with consultation from the

28  advisory board, shall also develop the criteria and procedures

29  for approving and rejecting certification applications and for

30  monitoring compliance with the certification of a supervised

31  visitation program. Additionally, the clearinghouse shall

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    Florida Senate - 2004                            CS for SB 498
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 1  recommend the process for phasing in the implementation of the

 2  standards and certification procedures and a recommendation

 3  concerning the state entity that should certify and monitor

 4  the supervised visitation programs.

 5         (4)  The clearinghouse shall submit a preliminary

 6  report containing its recommendations on the uniform standards

 7  and the certification and monitoring developed to date by

 8  December 31, 2004, and a final report of all recommendations

 9  by December 31, 2005, to the President of the Senate, the

10  Speaker of the House of Representatives, and the Chief Justice

11  of the Supreme Court.

12         (5)  It is the intent of the Legislature that the

13  standards for supervised visitation and supervised exchange

14  services and the criteria and procedures for the certification

15  and monitoring process be adopted as rules by the state entity

16  designated by the Legislature to certify and monitor the

17  supervised visitation programs.

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

19  section 943.135, Florida Statutes, are redesignated as

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

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

22         943.135  Requirements for continued employment.--

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

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

25  required continuing education and training by volunteering at

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

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

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

29  to, a supervised visitation program as provided in chapter

30  753. This special population poses complex challenges to law

31  enforcement officers. Continuing education and training

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    Florida Senate - 2004                            CS for SB 498
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 1  through community service provides a unique learning

 2  opportunity for officers to understand the special needs of

 3  this group of constituents, build community relations, and

 4  provide a visible presence of law enforcement officers in the

 5  community. Volunteer time applied as continuing education and

 6  training under this subsection may include time spent in

 7  providing security services but does not substitute for the

 8  continuing education in domestic violence required under s.

 9  943.1701.

10         Section 4.  Section 943.254, Florida Statutes, is

11  created to read:

12         943.254  Volunteer work by law enforcement officers.--

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

14  program for law enforcement officers to provide volunteer

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

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

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

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

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

20  need not be limited to, a supervised visitation program

21  operating under chapter 753.

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

23  which a law enforcement officer volunteers is responsible for

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

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

26  However, for purposes of coverage under the Workers'

27  Compensation Law, a law enforcement officer who volunteers as

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

29  440.091 shall be considered to have been acting within the

30  course of employment under s. 440.091.

31  

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 1         (3)  A law enforcement officer who volunteers during

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

 3  licensure requirements of chapter 493 for persons who provide

 4  security or investigative services.

 5         Section 5.  Present subsections (3) and (4) of section

 6  382.0255, Florida Statutes, are redesignated as subsections

 7  (4) and (5), respectively, and a new subsection (3) is added

 8  to that section, to read:

 9         382.0255  Fees.--

10         (3)  The fee charged for each request for a

11  certification of a birth record issued by the department shall

12  be subject to an additional fee of $1, which shall be

13  deposited in the appropriate departmental trust fund. Fees

14  collected pursuant to this section shall be used by the

15  supervised visitation programs to prevent child abuse and

16  domestic violence. On a yearly basis, the department shall

17  transfer the fees collected to the Grants and Donations Trust

18  Fund to be distributed to the supervised visitation programs

19  by the Department of Children and Family Services as provided

20  for in s. 753.06.

21         Section 6.  This act shall take effect July 1, 2004.

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    Florida Senate - 2004                            CS for SB 498
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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 498

 3                                 

 4  Recognizes that the Clearinghouse on Supervised Visitation has
    already begun implementing the data collection provisions.
 5  
    Allows for the organization that could be charged with
 6  certifying and monitoring the supervised visitation programs
    to be something other than a state agency.
 7  
    Provides the Clearinghouse on Supervised Visitation with an
 8  additional year to complete the tasks directed by the bill but
    with a preliminary report by the deadline initially
 9  stipulated.

10  Encourages supervised visitation programs to develop
    partnerships with other organizations in their community to
11  strengthen the services provided.

12  Adds a fee of $1.00 to the requests for certifications of
    birth that are issues by the Department of Health state
13  office.

14  Provides that the funds generated from the fees be used to
    assist the supervised visitation programs meet security
15  standards.

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