Florida Senate - 2009                                    SB 1018
       
       
       
       By Senator Joyner
       
       
       
       
       18-00162C-09                                          20091018__
    1                        A bill to be entitled                      
    2         An act relating to guardians ad litem; amending s.
    3         61.402, F.S.; authorizing a person certified by a not
    4         for-profit legal aid organization to serve as a
    5         guardian ad litem in a dissolution of marriage
    6         proceeding that does not involve child abuse,
    7         abandonment, or neglect; requiring that such person
    8         undergo a security background investigation and
    9         undergo training in a program developed by The Florida
   10         Bar; providing for training developed by a curriculum
   11         committee of the not-for-profit organization pending
   12         the development of the bar's program; providing a
   13         penalty for failing to disclose a material fact in an
   14         application to act as a guardian ad litem; providing
   15         an effective date.
   16         
   17  Be It Enacted by the Legislature of the State of Florida:
   18         
   19         Section 1. Section 61.402, Florida Statutes, is amended to
   20  read:
   21         61.402 Qualifications of guardians ad litem.—
   22         (1) A person appointed as a guardian ad litem pursuant to
   23  s. 61.401 must be: either a citizen
   24         (a) Certified by the Guardian Ad Litem Program pursuant to
   25  s. 39.821;
   26         (b) Certified by a not-for-profit legal aid organization as
   27  defined in s. 68.096; to act in family law cases or
   28         (c) An attorney who is a member in good standing of The
   29  Florida Bar.
   30         (2) Prior to certifying a guardian ad litem pursuant to
   31  paragraph (1)(b) to be appointed under this chapter, the not
   32  for-profit legal aid organization Guardian Ad Litem Program
   33  must:
   34         (a) Conduct a security background investigation as
   35  described provided in s. 39.821; and.
   36         (b) Provide training using the uniform objective statewide
   37  training program for guardians ad litem developed by The Florida
   38  Bar. Pending the development of the bar's training program, a
   39  not-for-profit legal aid organization may develop and use its
   40  own curriculum. The creators of the organization's training
   41  curriculum must include at least one family court judge, a
   42  mental health professional whose practice concentrates on the
   43  treatment of children, and two attorneys who are members of the
   44  Family Law Section of The Florida Bar and who have served as
   45  guardians ad litem under this chapter.
   46         (3) Only a guardian ad litem who qualifies under paragraph
   47  (1)(a) or (1)c) may be appointed to a case in which the court
   48  has determined that there are well-founded allegations of child
   49  abuse, abandonment, or neglect as defined in s. 39.01.
   50         (4) This section does not require the Guardian Ad Litem
   51  Program or any not-for-profit legal aid organization to train or
   52  certify guardians ad litem appointed under this chapter.
   53         (5) It is a misdemeanor of the first degree, punishable as
   54  provided in s. 775.082 or s. 775.083, for any person to
   55  willfully, knowingly, or intentionally fail by false statement,
   56  misrepresentation, impersonation, or other fraudulent means to
   57  disclose in an application for a guardian ad litem any material
   58  fact used in making a determination as to the applicant’s
   59  qualifications for such position.
   60         Section 2. This act shall take effect July 1, 2009.