CS/HB 679

1
A bill to be entitled
2An act relating to guardians ad litem; amending s. 61.402,
3F.S.; authorizing a person certified by a not-for-profit
4legal aid organization to serve as a guardian ad litem in
5a dissolution of marriage proceeding that does not involve
6child abuse, abandonment, or neglect; requiring that such
7person undergo a security background investigation and
8undergo training in a program developed by The Florida
9Bar; providing a penalty for failing to disclose a
10material fact in an application to act as a guardian ad
11litem; providing an effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Section 61.402, Florida Statutes, is amended to
16read:
17     61.402  Qualifications of guardians ad litem.--
18     (1)  A person appointed as a guardian ad litem pursuant to
19s. 61.401 must be: either a citizen
20     (a)  Certified by the Guardian Ad Litem Program pursuant to
21s. 39.821;
22     (b)  Certified by a not-for-profit legal aid organization
23as defined in s. 68.096; to act in family law cases or
24     (c)  An attorney who is a member in good standing of The
25Florida Bar.
26     (2)  Prior to certifying a guardian ad litem pursuant to
27paragraph (1)(b) to be appointed under this chapter, the not-
28for-profit legal aid organization Guardian Ad Litem Program
29must:
30     (a)  Conduct a security background investigation as
31described provided in s. 39.821; and.
32     (b)  Provide training using the uniform objective statewide
33training program for guardians ad litem developed by The Florida
34Bar.
35     (3)  Only a guardian ad litem who qualifies under paragraph
36(1)(a) or paragraph (1)(c) may be appointed to a case in which
37the court has determined that there are well-founded allegations
38of child abuse, abandonment, or neglect as defined in s. 39.01.
39     (4)  This section does not require the Guardian Ad Litem
40Program or any not-for-profit legal aid organization to train or
41certify guardians ad litem appointed under this chapter.
42     (5)  It is a misdemeanor of the first degree, punishable as
43provided in s. 775.082 or s. 775.083, for any person to
44willfully, knowingly, or intentionally fail by false statement,
45misrepresentation, impersonation, or other fraudulent means to
46disclose in an application for a guardian ad litem any material
47fact used in making a determination as to the applicant's
48qualifications for such position.
49     Section 2.  This act shall take effect July 1, 2009.


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