HB 7019

1	A bill to be entitled
2	An act relating to mediation; amending s. 44.1011, F.S.;
3	revising, creating, and deleting definitions; creating s.
4	44.1015, F.S.; providing standards for conduct of
5	mediation; providing for the role of the mediator and
6	counsel in specified mediations; amending s. 44.102, F.S.;
7	requiring referral of certain cases to mediation;
8	prohibiting certain cases from being referred to
9	mediation; requiring the Supreme Court to maintain a list
10	of certified mediators; amending s. 44.108, F.S.;
11	providing that no mediation fee is required in certain
12	cases; amending s. 61.183, F.S.; requiring mediation in
13	certain family law cases; providing an effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1.  Subsection (2) of section 44.1011, Florida
18	Statutes, is amended to read:
19	44.1011  Definitions.--As used in this chapter:
20	(2)  "Mediation" means a process whereby a neutral third
21	person called a mediator acts to encourage and facilitate the
22	resolution of a dispute between two or more parties. It is an
23	informal and nonadversarial process in which decisionmaking
24	authority rests with the parties with the objective of helping
25	the disputing parties reach a mutually acceptable and voluntary
26	agreement. In mediation, decisionmaking authority rests with the
27	parties. The role of the mediator includes, but is not limited
28	to, assisting the parties in identifying issues, fostering joint
29	problem solving, and exploring settlement alternatives.
30	"Mediation" includes:
31	(a)  "Appellate court mediation," which means mediation
32	that occurs during the pendency of an appeal of a civil case.
33	(b)  "Circuit court mediation," which means mediation of
34	civil cases, other than unified family court matters, in circuit
35	court. If a party is represented by counsel, the counsel of
36	record must appear unless stipulated to by the parties or
37	otherwise ordered by the court.
38	(c)  "County court mediation," which means mediation of
39	civil cases within the jurisdiction of county courts, including
40	small claims. Negotiations in county court mediation are
41	primarily conducted by the parties. Counsel for each party may
42	participate. However, presence of counsel is not required.
43	(d)  "Unified family court mediation," which means
44	mediation of any of the following circuit matters or any
45	combination thereof:
46	1.  Dissolution of marriage.
47	2.  Division and distribution of property arising out of a
48	dissolution of marriage.
49	3.  Annulment.
50	4.  Support unconnected with dissolution of marriage.
51	5.  Paternity.
52	6.  Child support.
53	7.  The Uniform Reciprocal Enforcement of Support Act and
54	the Uniform Interstate Family Support Act.
55	8.  Custodial care of and access to children.
56	9.  Adoption.
57	10.  Name changes.
58	11.  Declaratory judgment actions related to premarital,
59	marital, or postmarital agreements.
60	12.  Civil domestic, repeat, sexual, or dating violence
61	injunctions.
62	13.  Child dependency.
63	14.  Termination of parental rights.
64	15.  Juvenile delinquency.
65	16.  Emancipation of a minor.
66	17.  Children in need of services.
67	18.  Families in need of services.
68	19.  Truancy.
69	20.  Modification and enforcement of orders entered in
70	matters listed in this paragraph.
71	(d)  "Family mediation" which means mediation of family
72	matters, including married and unmarried persons, before and
73	after judgments involving dissolution of marriage; property
74	division; shared or sole parental responsibility; or child
75	support, custody, and visitation involving emotional or
76	financial considerations not usually present in other circuit
77	civil cases. Negotiations in family mediation are primarily
78	conducted by the parties. Counsel for each party may attend the
79	mediation conference and privately communicate with their
80	clients. However, presence of counsel is not required, and, in
81	the discretion of the mediator, and with the agreement of the
82	parties, mediation may proceed in the absence of counsel unless
83	otherwise ordered by the court.
84	(e)  "Dependency or in need of services mediation," which
85	means mediation of dependency, child in need of services, or
86	family in need of services matters. Negotiations in dependency
87	or in need of services mediation are primarily conducted by the
88	parties. Counsel for each party may attend the mediation
89	conference and privately communicate with their clients.
90	However, presence of counsel is not required and, in the
91	discretion of the mediator and with the agreement of the
92	parties, mediation may proceed in the absence of counsel unless
93	otherwise ordered by the court.
94	Section 2.  Section 44.1015, Florida Statutes, is created
95	to read:
96	44.1015  Conduct of mediation.--
97	(1)  The role of the mediator includes, but is not limited
98	to, assisting the parties in identifying issues, fostering joint
99	problem solving, and exploring settlement alternatives.
100	(2)  Legal counsel may be involved in mediation as follows:
101	(a)  In circuit court mediation, if a party is represented
102	by counsel, the counsel of record must appear unless stipulated
103	to by the parties or otherwise ordered by the court.
104	(b)  In unified family court mediation, negotiations are
105	primarily conducted by the parties. Counsel for each party may
106	attend the mediation conference and privately communicate with
107	his or her clients. However, in the discretion of the mediator,
108	and with the agreement of the parties, mediation may proceed in
109	the absence of counsel unless otherwise ordered by the court.
110	(c)  In county court mediation, negotiations are primarily
111	conducted by the parties. Counsel for each party may
112	participate. However, presence of counsel is not required in
113	actions under the Florida Small Claims Rules.
114	Section 3.  Subsections (2) and (4) of section 44.102,
115	Florida Statutes, are amended to read:
116	44.102  Court-ordered mediation.--
117	(2)  A court, under rules adopted by the Supreme Court:
118	(a)  Shall Must, upon request of one party, refer to
119	mediation any filed civil action for monetary damages, provided
120	the requesting party is willing and able to pay the costs of the
121	mediation or the costs can be equitably divided between the
122	parties, unless:
123	1.  The action is a landlord and tenant dispute that does
124	not include a claim for personal injury.
125	2.  The action is filed for the purpose of collecting a
126	debt.
127	3.  The action is a claim of medical malpractice.
128	4.  The action is governed by the Florida Small Claims
129	Rules.
130	5.  The court determines that the action is proper for
131	referral to nonbinding arbitration under this chapter.
132	6.  The parties have agreed to binding arbitration.
133	7.  The parties have agreed to an expedited trial pursuant
134	to s. 45.075.
135	8.  The parties have agreed to voluntary trial resolution
136	pursuant to s. 44.104.
137	(b)  Shall, in circuits in which a mediation program has
138	been established, refer to mediation all or part of disputed
139	custody, visitation, or other parental responsibility issues.
140	(c)(b)  May refer to mediation all or any part of any a
141	filed case civil action for which mediation is not required
142	under this section.
143	(d)  Shall not refer to mediation, regardless of any other
144	law requiring mediation:
145	1.  Any case regarding issuance of domestic, repeat,
146	dating, or sexual violence injunctions, except to the extent
147	authorized by rules adopted by the Supreme Court; or
148	2.  Any case in which the court finds, upon motion or
149	request of a party, there has been a history of violence,
150	including, but not limited to, domestic violence, that would
151	compromise the mediation process or endanger any person's
152	safety.
153	(c)  In circuits in which a family mediation program has
154	been established and upon a court finding of a dispute, shall
155	refer to mediation all or part of custody, visitation, or other
156	parental responsibility issues as defined in s. 61.13. Upon
157	motion or request of a party, a court shall not refer any case
158	to mediation if it finds there has been a history of domestic
159	violence that would compromise the mediation process.
160	(d)  In circuits in which a dependency or in need of
161	services mediation program has been established, may refer to
162	mediation all or any portion of a matter relating to dependency
163	or to a child in need of services or a family in need of
164	services.
165	(4)  The Supreme Court chief judge of each judicial circuit
166	shall maintain a list for each circuit of mediators whom it has
167	who have been certified by the Supreme Court and who have
168	registered for appointment in that circuit.
169	(a)  Whenever possible, qualified individuals who have
170	volunteered their time to serve as mediators shall be appointed.
171	If a mediation program is funded pursuant to s. 44.108,
172	volunteer mediators shall be entitled to reimbursement pursuant
173	to s. 112.061 for all actual expenses necessitated by service as
174	a mediator.
175	(b)  Nonvolunteer mediators shall be compensated according
176	to rules adopted by the Supreme Court. If a mediation program is
177	funded pursuant to s. 44.108, a mediator may be compensated by
178	the state, the county, or by the parties.
179	Section 4.  Subsection (2) of section 44.108, Florida
180	Statutes, is amended to read:
181	44.108  Funding of mediation and arbitration.--
182	(2)  When court-ordered mediation services are provided by
183	a circuit court's mediation program, the following fees, unless
184	otherwise established in the General Appropriations Act, shall
185	be collected by the clerk of court:
186	(a)  Eighty dollars per party person per scheduled session
187	in unified family court mediation when the parties' combined
188	income is greater than $50,000, but less than $100,000 per year;
189	(b)  Forty dollars per party person per scheduled session
190	in unified family court mediation when the parties' combined
191	income is less than $50,000; or
192	(c)  Forty dollars per party person per scheduled session
193	in county court cases.
194
195	No mediation fees shall be assessed under this subsection in
196	residential eviction cases, against a party found to be
197	indigent, or for any small claims action. No mediation fees
198	shall be assessed under this subsection in unified family court
199	cases that are limited to one or more of the following issues:
200	child dependency, children in need of services, families in need
201	of services, juvenile delinquency, or issues arising out of
202	judicial findings in relation to injunctions for protection
203	against domestic violence. Fees collected by the clerk of court
204	pursuant to this section shall be remitted to the Department of
205	Revenue for deposit into the state courts' Mediation and
206	Arbitration Trust Fund to fund court-ordered mediation. The
207	clerk of court may deduct $1 per fee assessment for processing
208	this fee. The clerk of the court shall submit to the chief judge
209	of the circuit, no later than 30 days after the end of each
210	quarter, a report specifying the amount of funds collected under
211	this section during each quarter of the fiscal year.
212	Section 5.  Subsection (1) of section 61.183, Florida
213	Statutes, is amended to read:
214	61.183  Mediation of certain contested issues.--
215	(1)  In any proceeding in which the issues of parental
216	responsibility, primary residence, visitation, or support of a
217	child are contested, the court shall may refer the parties to
218	mediation in accordance with s. 44.102 rules promulgated by the
219	Supreme Court. In Title IV-D cases, any costs, including filing
220	fees, recording fees, mediation costs, service of process fees,
221	and other expenses incurred by the clerk of the circuit court,
222	shall be assessed only against the nonprevailing obligor after
223	the court makes a determination of the nonprevailing obligor's
224	ability to pay such costs and fees.
225	Section 6.  This act shall take effect July 1, 2006.

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