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