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	exempting certain parties from mediation fees 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.  Alimony.
70	21.  Modification and enforcement of orders entered in
71	matters listed in this paragraph.
72	(d)  "Family mediation" which means mediation of family
73	matters, including married and unmarried persons, before and
74	after judgments involving dissolution of marriage; property
75	division; shared or sole parental responsibility; or child
76	support, custody, and visitation involving emotional or
77	financial considerations not usually present in other circuit
78	civil cases. Negotiations in family mediation are primarily
79	conducted by the parties. Counsel for each party may attend the
80	mediation conference and privately communicate with their
81	clients. However, presence of counsel is not required, and, in
82	the discretion of the mediator, and with the agreement of the
83	parties, mediation may proceed in the absence of counsel unless
84	otherwise ordered by the court.
85	(e)  "Dependency or in need of services mediation," which
86	means mediation of dependency, child in need of services, or
87	family in need of services matters. Negotiations in dependency
88	or in need of services mediation are primarily conducted by the
89	parties. Counsel for each party may attend the mediation
90	conference and privately communicate with their clients.
91	However, presence of counsel is not required and, in the
92	discretion of the mediator and with the agreement of the
93	parties, mediation may proceed in the absence of counsel unless
94	otherwise ordered by the court.
95	Section 2.  Section 44.1015, Florida Statutes, is created
96	to read:
97	44.1015  Conduct of mediation.--
98	(1)  The role of the mediator includes, but is not limited
99	to, assisting the parties in identifying issues, fostering joint
100	problem solving, and exploring settlement alternatives.
101	(2)  Legal counsel may be involved in mediation as follows:
102	(a)  In circuit court mediation, if a party is represented
103	by counsel, the counsel of record must appear unless stipulated
104	to by the parties or otherwise ordered by the court.
105	(b)  In unified family court mediation, negotiations are
106	primarily conducted by the parties. Counsel for each party may
107	attend the mediation conference and privately communicate with
108	his or her clients. However, in the discretion of the mediator,
109	and with the agreement of the parties, mediation may proceed in
110	the absence of counsel unless otherwise ordered by the court.
111	(c)  In county court mediation, negotiations are primarily
112	conducted by the parties. If a party is represented by counsel,
113	the counsel of record must appear unless stipulated to by the
114	parties or otherwise ordered by the court. However, presence of
115	counsel is not required in mediation where the action comes
116	under the Florida Small Claims Rules.
117	Section 3.  Subsections (2) and (4) of section 44.102,
118	Florida Statutes, are amended to read:
119	44.102  Court-ordered mediation.--
120	(2)  A court, under rules adopted by the Supreme Court:
121	(a)  Shall Must, upon request of one party, refer to
122	mediation any filed civil action for monetary damages, provided
123	the requesting party is willing and able to pay the costs of the
124	mediation or the costs can be equitably divided between the
125	parties, unless:
126	1.  The action is a landlord and tenant dispute that does
127	not include a claim for personal injury.
128	2.  The action is filed for the purpose of collecting a
129	debt.
130	3.  The action is a claim of medical malpractice.
131	4.  The action is governed by the Florida Small Claims
132	Rules.
133	5.  The court determines that the action is proper for
134	referral to nonbinding arbitration under this chapter.
135	6.  The parties have agreed to binding arbitration.
136	7.  The parties have agreed to an expedited trial pursuant
137	to s. 45.075.
138	8.  The parties have agreed to voluntary trial resolution
139	pursuant to s. 44.104.
140	(b)  Shall, in circuits in which a mediation program has
141	been established, refer to mediation all or part of disputed
142	custody, visitation, or other parental responsibility issues.
143	(c)(b)  May refer to mediation all or any part of any a
144	filed case civil action for which mediation is not required
145	under this section.
146	(d)  Shall not refer to mediation, regardless of any other
147	law requiring mediation:
148	1.  Any case regarding issuance of domestic, repeat,
149	dating, or sexual violence injunctions, except to the extent
150	authorized by rules adopted by the Supreme Court; or
151	2.  Any case in which the court finds, upon motion or
152	request of a party, there has been a history of violence,
153	including, but not limited to, domestic violence, that would
154	compromise the mediation process or endanger any person's
155	safety.
156	(c)  In circuits in which a family mediation program has
157	been established and upon a court finding of a dispute, shall
158	refer to mediation all or part of custody, visitation, or other
159	parental responsibility issues as defined in s. 61.13. Upon
160	motion or request of a party, a court shall not refer any case
161	to mediation if it finds there has been a history of domestic
162	violence that would compromise the mediation process.
163	(d)  In circuits in which a dependency or in need of
164	services mediation program has been established, may refer to
165	mediation all or any portion of a matter relating to dependency
166	or to a child in need of services or a family in need of
167	services.
168	(4)  The Supreme Court chief judge of each judicial circuit
169	shall maintain a list of certified mediators who have been
170	certified by the Supreme Court and who have registered for
171	appointment in that circuit.
172	(a)  Whenever possible, qualified individuals who have
173	volunteered their time to serve as mediators shall be appointed.
174	If a mediation program is funded pursuant to s. 44.108,
175	volunteer mediators shall be entitled to reimbursement pursuant
176	to s. 112.061 for all actual expenses necessitated by service as
177	a mediator.
178	(b)  Nonvolunteer mediators shall be compensated according
179	to rules adopted by the Supreme Court. If a mediation program is
180	funded pursuant to s. 44.108, a mediator may be compensated by
181	the state, the county, or by the parties.
182	Section 4.  Subsection (2) of section 44.108, Florida
183	Statutes, is amended to read:
184	44.108  Funding of mediation and arbitration.--
185	(2)  When court-ordered mediation services are provided by
186	a circuit court's mediation program, the following fees, unless
187	otherwise established in the General Appropriations Act, shall
188	be collected by the clerk of court:
189	(a)  Eighty dollars per party person per scheduled session
190	in unified family court mediation when the parties' combined
191	income is greater than $50,000, but less than $100,000 per year;
192	(b)  Forty dollars per party person per scheduled session
193	in unified family court mediation when the parties' combined
194	income is less than $50,000; or
195	(c)  Forty dollars per party person per scheduled session
196	in county court cases.
197
198	No mediation fees shall be assessed under this subsection in
199	residential eviction cases, against a party found to be
200	indigent, or for any small claims action. For a party found to
201	be indigent, no mediation fees shall be assessed under this
202	subsection in unified family court cases that are limited to one
203	or more of the following issues: child dependency, children in
204	need of services, families in need of services, juvenile
205	delinquency, or issues arising out of judicial findings in
206	relation to injunctions for protection against domestic
207	violence. Fees collected by the clerk of court pursuant to this
208	section shall be remitted to the Department of Revenue for
209	deposit into the state courts' Mediation and Arbitration Trust
210	Fund to fund court-ordered mediation. The clerk of court may
211	deduct $1 per fee assessment for processing this fee. The clerk
212	of the court shall submit to the chief judge of the circuit, no
213	later than 30 days after the end of each quarter, a report
214	specifying the amount of funds collected under this section
215	during each quarter of the fiscal year.
216	Section 5.  Subsection (1) of section 61.183, Florida
217	Statutes, is amended to read:
218	61.183  Mediation of certain contested issues.--
219	(1)  In any proceeding in which the issues of parental
220	responsibility, primary residence, visitation, or support of a
221	child are contested, the court shall make referrals may refer
222	the parties to mediation in accordance with s. 44.102 rules
223	promulgated by the Supreme Court. In Title IV-D cases, any
224	costs, including filing fees, recording fees, mediation costs,
225	service of process fees, and other expenses incurred by the
226	clerk of the circuit court, shall be assessed only against the
227	nonprevailing obligor after the court makes a determination of
228	the nonprevailing obligor's ability to pay such costs and fees.
229	Section 6.  This act shall take effect July 1, 2006.

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