Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 904
       
       
       
       
       
       
                                Barcode 644252                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/21/2009           .                                
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       The Policy and Steering Committee on Ways and Means (Deutch)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3  
    4  
    5         Between lines 95 and 96
    6  insert:
    7         Section 2. Section 61.125, Florida Statutes, is created to
    8  read:
    9         61.125Parenting coordination.—
   10         (1)PURPOSE.—The purpose of parenting coordination is to
   11  provide a child-focused alternative dispute resolution process
   12  whereby a parenting coordinator assists the parents in creating
   13  or implementing a parenting plan by facilitating the resolution
   14  of disputes between the parents by providing education, making
   15  recommendations, and, with the prior approval of the parents and
   16  the court, making limited decisions within the scope of the
   17  court’s order of referral.
   18         (2)REFERRAL.—In any action in which a judgment or order
   19  has been sought or entered adopting, establishing, or modifying
   20  a parenting plan, except for a domestic violence proceeding
   21  under chapter 741, and upon agreement of the parties, the
   22  court’s own motion, or the motion of a party, the court may
   23  appoint a parenting coordinator and refer the parties to
   24  parenting coordination to assist in the resolution of disputes
   25  concerning their parenting plan.
   26         (3)DOMESTIC VIOLENCE ISSUES.—
   27         (a)If there has been a history of domestic violence, the
   28  court may not refer the parties to parenting coordination unless
   29  both parents consent. The court shall offer each party an
   30  opportunity to consult with an attorney or domestic violence
   31  advocate before accepting the party’s consent. The court must
   32  determine whether each party’s consent has been given freely and
   33  voluntarily.
   34         (b)In determining whether there has been a history of
   35  domestic violence, the court shall consider whether a party has
   36  committed an act of domestic violence as defined s. 741.28, or
   37  child abuse as defined in s. 39.01, against the other party or
   38  any member of the other party’s family; engaged in a pattern of
   39  behaviors that exert power and control over the other party and
   40  that may compromise the other party’s ability to negotiate a
   41  fair result; or engaged in behavior that leads the other party
   42  to have reasonable cause to believe he or she is in imminent
   43  danger of becoming a victim of domestic violence. The court
   44  shall consider and evaluate all relevant factors, including, but
   45  not limited to, the factors listed in s. 741.30(6)(b).
   46         (c)If there is a history of domestic violence, the court
   47  shall order safeguards to protect the safety of the
   48  participants, including, but not limited to, adherence to all
   49  provisions of an injunction for protection or conditions of
   50  bail, probation, or a sentence arising from criminal
   51  proceedings.
   52         (4)QUALIFICATIONS OF A PARENTING COORDINATOR.—A parenting
   53  coordinator is an impartial third person whose role is to assist
   54  the parents in successfully creating or implementing a parenting
   55  plan. Unless there is a written agreement between the parties,
   56  the court may appoint only a qualified parenting coordinator.
   57         (a)To be qualified, a parenting coordinator must:
   58         1.Meet one of the following professional requirements:
   59         a.Be licensed as a mental health professional under
   60  chapter 490 or chapter 491.
   61         b.Be licensed as a physician under chapter 458, with
   62  certification by the American Board of Psychiatry and Neurology.
   63         c.Be certified by the Florida Supreme Court as a family
   64  law mediator, with at least a master’s degree in a mental health
   65  field.
   66         d.Be a member in good standing of The Florida Bar.
   67         2.Complete all of the following:
   68         a.Three years of postlicensure or postcertification
   69  practice.
   70         b.A family mediation training program certified by the
   71  Florida Supreme Court.
   72         c.A minimum of 24 hours of parenting coordination training
   73  in parenting coordination concepts and ethics, family systems
   74  theory and application, family dynamics in separation and
   75  divorce, child and adolescent development, the parenting
   76  coordination process, parenting coordination techniques, and
   77  Florida family law and procedure, and a minimum of 4 hours of
   78  training in domestic violence and child abuse which is related
   79  to parenting coordination.
   80         (b)The court may require additional qualifications to
   81  address issues specific to the parties.
   82         (c)A qualified parenting coordinator must be in good
   83  standing, or in clear and active status, with his or her
   84  respective licensing authority, certification board, or both, as
   85  applicable.
   86         (5)DISQUALIFICATIONS OF PARENTING COORDINATOR.—
   87         (a)The court may not appoint a person to serve as
   88  parenting coordinator who, in any jurisdiction:
   89         1.Has been convicted or had adjudication withheld on a
   90  charge of child abuse, child neglect, domestic violence,
   91  parental kidnapping, or interference with custody;
   92         2.Has been found by a court in a child protection hearing
   93  to have abused, neglected, or abandoned a child;
   94         3.Has consented to an adjudication or a withholding of
   95  adjudication on a petition for dependency; or
   96         4.Is or has been a respondent in a final order or
   97  injunction of protection against domestic violence.
   98         (b)A parenting coordinator must discontinue service as a
   99  parenting coordinator and immediately report to the court and
  100  the parties if any of the disqualifying circumstances described
  101  in paragraph (a) occur, or if he or she no longer meets the
  102  minimum qualifications in subsection (4), and the court may
  103  appoint another parenting coordinator.
  104         (6)FEES FOR PARENTING COORDINATION.—The court shall
  105  determine the allocation of fees and costs for parenting
  106  coordination between the parties. The court may not order the
  107  parties to parenting coordination without their consent unless
  108  it determines that the parties have the financial ability to pay
  109  the parenting coordination fees and costs.
  110         (a)In determining if a nonindigent party has the financial
  111  ability to pay the parenting coordination fees and costs, the
  112  court shall consider the party’s financial circumstances,
  113  including income, assets, liabilities, financial obligations,
  114  resources, and whether paying the fees and costs would create a
  115  substantial hardship.
  116         (b)If a party is found to be indigent based upon the
  117  factors in s. 57.082, the court may not order the party to
  118  parenting coordination unless public funds are available to pay
  119  the indigent party’s allocated portion of the fees and costs or
  120  the nonindigent party consents to paying all of the fees and
  121  costs.
  122         (7)CONFIDENTIALITY.—Except as otherwise provided in this
  123  section, all communications made by, between, or among the
  124  parties and the parenting coordinator during parenting
  125  coordination sessions are confidential. The parenting
  126  coordinator and each party designated in the order appointing
  127  the coordinator may not testify or offer evidence about
  128  communications made by, between, or among the parties and the
  129  parenting coordinator during parenting coordination sessions,
  130  except if:
  131         (a)Necessary to identify, authenticate, confirm, or deny a
  132  written agreement entered into by the parties during parenting
  133  coordination;
  134         (b)The testimony or evidence is necessary to identify an
  135  issue for resolution by the court without otherwise disclosing
  136  communications made by any party or the parenting coordinator;
  137         (c)The testimony or evidence is limited to the subject of
  138  a party’s compliance with the order of referral to parenting
  139  coordination, orders for psychological evaluation, counseling
  140  ordered by the court or recommended by a health care provider,
  141  or for substance abuse testing or treatment;
  142         (d)The parenting coordinator reports that the case is no
  143  longer appropriate for parenting coordination;
  144         (e)The parenting coordinator is reporting that he or she
  145  is unable or unwilling to continue to serve and that a successor
  146  parenting coordinator should be appointed;
  147         (f)The testimony or evidence is necessary pursuant to
  148  paragraph (5)(b) or subsection (8);
  149         (g)The parenting coordinator is not qualified to address
  150  or resolve certain issues in the case and a more qualified
  151  coordinator should be appointed;
  152         (h)The parties agree that the testimony or evidence be
  153  permitted; or
  154         (i)The testimony or evidence is necessary to protect any
  155  person from future acts that would constitute domestic violence
  156  under chapter 741; child abuse, neglect, or abandonment under
  157  chapter 39; or abuse, neglect, or exploitation of an elderly or
  158  disabled adult under chapter 825.
  159         (8)REPORT OF EMERGENCY TO COURT.—
  160         (a)A parenting coordinator must immediately inform the
  161  court by affidavit or verified report without notice to the
  162  parties of an emergency situation if:
  163         1.There is a reasonable cause to suspect that a child will
  164  suffer or is suffering abuse, neglect, or abandonment as
  165  provided under chapter 39;
  166         2.There is a reasonable cause to suspect a vulnerable
  167  adult has been or is being abused, neglected, or exploited as
  168  provided under chapter 415;
  169         3.A party, or someone acting on a party’s behalf, is
  170  expected to wrongfully remove or is wrongfully removing the
  171  child from the jurisdiction of the court without prior court
  172  approval or compliance with the requirements of s. 61.13001. If
  173  the parenting coordinator suspects that the parent has relocated
  174  within the state to avoid domestic violence, the coordinator may
  175  not disclose the location of the parent and child unless
  176  required by court order.
  177         (b)Upon such information and belief, a parenting
  178  coordinator shall immediately inform the court by affidavit or
  179  verified report and serve a copy on each party of an emergency
  180  in which a party obtains a final order or injunction of
  181  protection against domestic violence or is arrested for an act
  182  of domestic violence as provided under chapter 741.
  183         (9)LIMITATION ON LIABILITY.—A parenting coordinator
  184  appointed by the court is not liable for civil damages for any
  185  act or omission in the scope of his or her duties pursuant to an
  186  order of referral unless such person acted in bad faith or with
  187  malicious purpose or in a manner exhibiting wanton and willful
  188  disregard for the rights, safety, or property of the parties.
  189  
  190  ================= T I T L E  A M E N D M E N T ================
  191         And the title is amended as follows:
  192         Delete line 5
  193  and insert:
  194         recommendations,” and “time-sharing schedule”;
  195         creating s. 61.125, F.S.; providing for parenting
  196         coordination as an alternative dispute resolution
  197         process to resolve parenting plan disputes; providing
  198         for court referral; providing for domestic violence
  199         situations; providing the qualifications required for
  200         a parenting coordinator and for the disqualification
  201         of a coordinator; providing for the payment of
  202         parenting coordination fees and costs; providing for
  203         confidentiality; providing for emergency reporting to
  204         the court by the coordinator; providing a limitation
  205         on the coordinator’s liability;