ENROLLED
       2009 Legislature                   CS for SB 1018, 1st Engrossed
       
       
       
       
       
       
                                                             20091018er
    1  
    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 that the not-for-profit legal aid
   11         organization has the sole discretion in determining
   12         whether to certify a person based on his or her
   13         security background investigation; specifying
   14         responsibility for the payment of costs of the
   15         security background investigation and training
   16         requirements; providing a penalty for failing to
   17         disclose a material fact in an application to act as a
   18         guardian ad litem; providing an effective date.
   19  
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Section 61.402, Florida Statutes, is amended to
   23  read:
   24         61.402 Qualifications of guardians ad litem.—
   25         (1) A person appointed as a guardian ad litem pursuant to
   26  s. 61.401 must be: either a citizen
   27         (a) Certified by the Guardian Ad Litem Program pursuant to
   28  s. 39.821;
   29         (b) Certified by a not-for-profit legal aid organization as
   30  defined in s. 68.096; to act in family law cases or
   31         (c) An attorney who is a member in good standing of The
   32  Florida Bar.
   33         (2)(a) Prior to certifying a guardian ad litem pursuant to
   34  paragraph (1)(b) to be appointed under this chapter, the not
   35  for-profit legal aid organization Guardian Ad Litem Program
   36  must:
   37         1. Conduct a security background investigation as described
   38  provided in s. 39.821 for which the not-for-profit legal aid
   39  organization has the sole discretion in determining whether to
   40  certify a person based on his or her security background
   41  investigation; and.
   42         2. Provide training using the uniform objective statewide
   43  training program for guardians ad litem developed by The Florida
   44  Bar.
   45         (b) The security background investigation and the training
   46  program requirements as provided in this subsection must be paid
   47  for by the not-for-profit legal aid organization or the person
   48  seeking certification as a guardian ad litem through the not
   49  for-profit legal aid organization.
   50         (3) Only a guardian ad litem who qualifies under paragraph
   51  (1)(a) or (1)(c) may be appointed to a case in which the court
   52  has determined that there are well-founded allegations of child
   53  abuse, abandonment, or neglect as defined in s. 39.01.
   54         (4) Nothing in this section requires the Guardian Ad Litem
   55  Program or a not-for-profit legal aid organization to train or
   56  certify guardians ad litem appointed under this chapter.
   57         (5) It is a misdemeanor of the first degree, punishable as
   58  provided in s. 775.082 or s. 775.083, for any person to
   59  willfully, knowingly, or intentionally fail, by false statement,
   60  misrepresentation, impersonation, or other fraudulent means, to
   61  disclose in an application for a guardian ad litem any material
   62  fact used in making a determination as to the applicant’s
   63  qualifications for such position.
   64         Section 2. This act shall take effect July 1, 2009.