CS/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 that the not-for-profit legal aid
10organization has the sole discretion in determining
11whether to certify a person based on his or her security
12background investigation; specifying responsibility for
13the payment of costs of the security background
14investigation and training requirements; providing a
15penalty for failing to disclose a material fact in an
16application to act as a guardian ad litem; providing an
17effective date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  Section 61.402, Florida Statutes, is amended to
22read:
23     61.402  Qualifications of guardians ad litem.--
24     (1)  A person appointed as a guardian ad litem pursuant to
25s. 61.401 must be: either a citizen
26     (a)  Certified by the Guardian Ad Litem Program pursuant to
27s. 39.821;
28     (b)  Certified by a not-for-profit legal aid organization
29as defined in s. 68.096; to act in family law cases or
30     (c)  An attorney who is a member in good standing of The
31Florida Bar.
32     (2)(a)  Prior to certifying a guardian ad litem pursuant to
33paragraph (1)(b) to be appointed under this chapter, the not-
34for-profit legal aid organization Guardian Ad Litem Program
35must:
36     1.  Conduct a security background investigation as
37described provided in s. 39.821 for which the not-for-profit
38legal aid organization has the sole discretion in determining
39whether to certify a person based on his or her security
40background investigation; and.
41     2.  Provide training using the uniform objective statewide
42training program for guardians ad litem developed by The Florida
43Bar.
44     (b)  The security background investigation and the training
45program requirements as provided in this subsection must be paid
46for by the not-for-profit legal aid organization or the person
47seeking certification as a guardian ad litem through the not-
48for-profit legal aid organization.
49     (3)  Only a guardian ad litem who qualifies under paragraph
50(1)(a) or paragraph (1)(c) may be appointed to a case in which
51the court has determined that there are well-founded allegations
52of child abuse, abandonment, or neglect as defined in s. 39.01.
53     (4)  Nothing in this section requires the Guardian Ad Litem
54Program or a not-for-profit legal aid organization to train or
55certify guardians ad litem appointed under this chapter.
56     (5)  It is a misdemeanor of the first degree, punishable as
57provided in s. 775.082 or s. 775.083, for any person to
58willfully, knowingly, or intentionally fail by false statement,
59misrepresentation, impersonation, or other fraudulent means to
60disclose in an application for a guardian ad litem any material
61fact used in making a determination as to the applicant's
62qualifications for such position.
63     Section 2.  This act shall take effect July 1, 2009.


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