Senate Bill sb1226c1

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    Florida Senate - 2002           CS for SB 1226 & CS for SB 734

    By the Committees on Judiciary; Children and Families; and
    Senator Burt




    308-1841A-02

  1                      A bill to be entitled

  2         An act relating to family court reform;

  3         providing legislative intent with respect to

  4         developing a unified family court model to

  5         facilitate the comprehensive resolution of the

  6         legal and nonlegal needs of children and

  7         families; designating various chapters of the

  8         Florida Statutes relating to family law to

  9         create the Family Code; directing the Division

10         of Statutory Revision to reorganize chapters 61

11         and 741, F.S., into designated parts; creating

12         s. 25.375, F.S.; authorizing the Supreme Court

13         to create a system to identify cases relating

14         to individuals and families within the court

15         system; amending s. 25.385, F.S.; redefining

16         the terms "domestic violence" and "family or

17         household member"; amending s. 39.013, F.S.;

18         providing for modifying a court order in a

19         subsequent civil proceeding; amending s.

20         39.0132, F.S.; providing for limited

21         admissibility of evidence in subsequent civil

22         proceedings; amending s. 39.502, F.S., relating

23         to notice, process, and service; conforming a

24         cross-reference to changes made by the act;

25         amending s. 39.521, F.S.; providing for

26         modifying a court order in a subsequent civil

27         action or proceeding; amending s. 39.814, F.S.;

28         providing for limited admissibility of evidence

29         in subsequent civil proceedings; amending s.

30         44.1011, F.S.; redefining the term "family

31         mediation"; providing definitions for voluntary

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  1         mediation and presuit mediation; amending s.

  2         44.1012, F.S., providing legislative intent

  3         regarding continuum of alternatives to

  4         litigation; creating s. 44.1025, F.S.;

  5         providing for confidentiality concerning

  6         certain disclosures in presuit and voluntary

  7         mediations; amending s. 44.108, F.S.;

  8         increasing the service charge for modification

  9         of dissolution-of-marriage petitions to deposit

10         moneys into state mediation and arbitration

11         trust fund; requesting the supreme court to

12         establish a process for filing and court

13         approval of stipulated agreements without court

14         appearances; creating s. 44.202, F.S.;

15         providing for the establishment of

16         presuit-mediation pilot programs and funding;

17         amending s. 61.13, F.S.; providing for the

18         court to determine matters relating to child

19         support in any proceeding under ch. 61, F.S.;

20         eliminating provisions authorizing the court to

21         award grandparents visitation rights; repealing

22         ss. 61.1302, 61.1304, 61.1306, 61.1308, 61.131,

23         61.1312, 61.1314, 61.1316, 61.1318, 61.132,

24         61.1322, 61.1324, 61.1326, 61.1328, 61.133,

25         61.1332, 61.1334, 61.1336, 61.1338, 61.134,

26         61.1342, 61.1344, 61.1346, 61.1348, F.S., the

27         "Uniform Child Custody Jurisdiction Act";

28         repealing s. 61.183, F.S., relating to

29         mediation of certain contested issues;

30         transferring and renumbering ss. 61.19, 61.191,

31         F.S., relating to entry of judgment of

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  1         dissolution of marriage and actions for

  2         divorce; amending s. 61.21, F.S.; revising the

  3         timeframe for completing a parenting course;

  4         creating part IV of ch. 61, F.S., the "Uniform

  5         Child Custody Jurisdiction and Enforcement

  6         Act"; providing purposes of part IV of ch. 61,

  7         F.S.; providing definitions; providing for

  8         proceedings governed under other laws;

  9         providing for application to Indian tribes;

10         providing for international application;

11         providing for the effect of a determination of

12         child custody; providing for expedited

13         hearings; requiring notice to persons outside

14         the state; providing for limited immunity;

15         providing for communications between courts;

16         authorizing the taking of testimony in another

17         state; requiring preservation of records;

18         providing for initial jurisdiction for

19         determining child custody; providing for

20         exclusive, continuing jurisdiction; providing

21         for jurisdiction to modify a determination;

22         providing for emergency temporary jurisdiction;

23         requiring notice; providing for an opportunity

24         to be heard; providing for joinder of parties;

25         providing for simultaneous proceedings;

26         authorizing the court to decline jurisdiction;

27         specifying the information to be submitted to

28         the court; providing for appearance of parties

29         and the child; providing for enforcement under

30         the Hague Convention; providing for temporary

31         visitation; requiring registration of a

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  1         determination of child custody; providing for

  2         enforcement of a registered determination;

  3         requiring expedited enforcement of a

  4         determination of child custody; providing for a

  5         hearing and court order; providing procedures

  6         for obtaining a warrant to take physical

  7         custody of a child; providing for costs, fees,

  8         and expenses; providing for appeals; specifying

  9         duties of the state attorney and law

10         enforcement officers; providing for application

11         and construction of the act; providing for

12         application of laws with respect to a motion

13         filed before the effective date of the act;

14         amending ss. 63.052, 63.087, 63.102, F.S.,

15         relating to adoption; conforming

16         cross-references to the Uniform Child Custody

17         Jurisdiction and Enforcement; transferring and

18         renumbering s. 741.24, F.S., relating to civil

19         actions against parents; amending s. 741.28,

20         F.S.; redefining the terms "domestic violence"

21         and "family household member"; amending s.

22         741.30, F.S.; providing for an order of

23         temporary custody, visitation, or support to

24         remain in effect until the court enters a

25         permanent order; repealing ss. 753.001,

26         753.002, 753.004, F.S., relating to the Florida

27         Family Visitation Network; creating ss. 753.01,

28         753.02, 753.03, 753.04, 753.05, 753.06, 753.07,

29         753.08, 753.09, F.S.; providing legislative

30         intent with respect to administering supervised

31         visitation programs; defining terms; providing

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  1         for the development of standards for the

  2         certification of supervised visitation

  3         programs; requiring compliance with interim

  4         minimum standards; providing for security of

  5         the supervised visitation programs; requiring

  6         the Clearinghouse on Supervised Visitation to

  7         develop training materials; providing for the

  8         clearinghouse to develop and implement a

  9         mechanism for data collection; providing for

10         the clearinghouse to develop standards for

11         supervised visitation programs; requiring a

12         report to the Legislature; amending s. 787.03,

13         F.S., relating to interference with custody;

14         conforming cross-references to changes in the

15         act; amending s. 943.135, F.S.; requiring the

16         Criminal Justice Standards and Training

17         Commission to allow agencies employing law

18         enforcement officers to authorize volunteer

19         service as a means of fulfilling requirements

20         for continuing education; amending s. 943.171,

21         F.S., relating to basic skills training for

22         handling domestic-violence cases to incorporate

23         cross-reference to revised definitions for

24         "domestic violence" and "family household

25         member"; creating s. 943.254, F.S.; authorizing

26         law enforcement agencies to administer a

27         volunteer program for officers to provide

28         security services during off-duty hours for

29         certain community programs; authorizing the

30         Department of Revenue and the Office of State

31         Courts Administrator to obtain authorization

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  1         for the courts to use specified funds for

  2         mediation services; providing an appropriation

  3         to conduct certain studies; providing

  4         legislative intent with respect to the

  5         development of a collaborative initiative with

  6         social service agencies by circuit judges;

  7         providing for goals and elements of the

  8         collaborative initiative; requesting that the

  9         Supreme Court provide guidance to the circuit

10         courts in developing the collaborative

11         initiatives; requiring a report to the

12         Legislature; requiring the Department of

13         Juvenile Justice to organize an interagency

14         workgroup; specifying the goals of the

15         interagency workgroup; requiring a report to

16         the Legislature on the accomplishments of the

17         interagency workgroup; providing for a

18         workgroup to develop an information system for

19         the unified family court model; providing for a

20         report to the Legislature; providing for

21         severability; providing an effective date.

22

23  Be It Enacted by the Legislature of the State of Florida:

24

25         Section 1.  It is the intent of the Legislature to

26  continue its initiative to reform the family courts which

27  began in 1990 when the Legislature created the Commission on

28  Family Courts and directed the commission to develop

29  guidelines for reform; recommend statutory, regulatory, and

30  organizational changes; and identify support services

31  necessary to implement a family division within each circuit.

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  1  The Legislature recognizes the Supreme Court's continuing

  2  efforts to develop an integrated and comprehensive approach to

  3  coordinating family law and related matters that affect a

  4  child and his or her family. These efforts culminated with the

  5  Supreme Court endorsing the guiding principles and

  6  characteristics for a unified family court model, adopted by

  7  the Family Court Steering Committee in May, 2001. The

  8  Legislature also finds that the unified family court model

  9  outlines a fully integrated and comprehensive approach to

10  resolving the legal and underlying nonlegal issues faced by

11  children and families, regardless of whether the court's

12  interaction involves dissolution of marriage, child support,

13  spousal support, visitation, parental responsibility,

14  interstate matters under the Uniform Child Custody

15  Jurisdiction Act or the Uniform Reciprocal Enforcement of

16  Support Act, adoption, paternity, domestic or repeat violence,

17  juvenile delinquency or dependency, termination of parental

18  rights, or children or families in need of services. The

19  Legislature also finds that developing and implementing an

20  effective system of case management in order to identify,

21  coordinate, and monitor all cases that affect a child or

22  family and move the case along more expeditiously within the

23  judicial process to final resolution is very important to the

24  operations and concept of a unified family court model. The

25  Legislature recognizes that there are services within and

26  outside the judicial system which assist the courts in making

27  decisions and achieve positive and lasting outcomes desired

28  for families. The Legislature recognizes the need for

29  systematic coordination between the courts and social service

30  agencies that assures the safety of the children, informs the

31  courts of community services available, links children and

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  1  families to needed services, encourages the sharing of

  2  information, and prevents the duplication of services. The

  3  Legislature finds that information sharing is essential in

  4  order to assist the courts and support systems in developing

  5  knowledge of the legal and nonlegal issues of multiple or

  6  related cases that impact a child and family. The Legislature

  7  recognizes, however, that sharing of more information between

  8  the courts and various agencies, service providers, and other

  9  stakeholders who interact with the court, and greater ease of

10  public accessibility to public records due to technological

11  advances, raises concerns as to whether existing policies and

12  laws governing public records are adequate to protect the

13  privacy, due process, and safety of individuals. In light of

14  these findings and considerations, it is the intent of the

15  Legislature to develop policies, procedures, and laws that

16  facilitate the comprehensive resolution of the legal and

17  nonlegal needs of children and families and that protect the

18  rights, privileges, and safety of children and families who

19  come before the court.

20         Section 2.  (1)  Chapters 39, 61, 63, 88, 741, 742,

21  743, 751, 752, 753, 984, and 985, Florida Statutes, constitute

22  the "Family Code."

23         (2)  In the next edition of the Florida Statutes, the

24  Division of Statutory Revision of the Office of Legislative

25  Services shall designate:

26         (a)  Sections 61.001-61.08, Florida Statutes, as part I

27  of chapter 61, Florida Statutes, to be entitled "Dissolution

28  of Marriage."

29         (b)  Sections 61.09-61.30, Florida Statutes, as part II

30  of chapter 61, Florida Statutes, to be entitled "Support and

31  Custody."

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  1         (c)  Sections 61.401-61.405, Florida Statutes, as part

  2  III of chapter 61, Florida Statutes, to be entitled "Guardian

  3  Ad Litem."

  4         (d)  Sections 61.501-61.542, Florida Statutes, as

  5  created by this act, as part IV of chapter 61, Florida

  6  Statutes, to be entitled "Interstate Custody Jurisdiction and

  7  Enforcement."

  8         (3)  In the next edition of the Florida Statutes, the

  9  Division of Statutory Revision of the Office of Legislative

10  Services shall:

11         (a)  Change the title of chapter 741, Florida Statutes,

12  from "Husband and Wife" to "Marriage; Domestic Violence."

13         (b)  Designate sections 741.01-741.24, Florida

14  Statutes, as part I of chapter 741, Florida Statutes, to be

15  entitled "Marriage."

16         (c)  Designate sections 741.28-741.327, Florida

17  Statutes, as part II of chapter 741, Florida Statutes, to be

18  entitled "Domestic Violence."

19         Section 3.  Section 25.375, Florida Statutes, is

20  created to read:

21         25.375  Identification of related cases.--The Supreme

22  Court may create a unique identifier for each individual to

23  identify all court cases related to that individual or his or

24  her family previously or currently in the court system. The

25  unique identifier must be the same for that individual in any

26  court case. To create the unique identifier, the court may

27  collect a portion of the individual's social security number

28  or other personal identification information, such as the

29  individual's date of birth. Until October 2, 2007, the state

30  courts system and the clerk of the court are authorized to

31  collect and use an individual's social security number solely

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  1  for the purpose of case management and identification of

  2  related cases. Failure to provide a social security number for

  3  this purpose shall not be grounds to deny any services,

  4  rights, or remedies otherwise provided by law.

  5         Section 4.  Subsection (2) of section 25.385, Florida

  6  Statutes, is amended to read:

  7         25.385  Standards for instruction of circuit and county

  8  court judges in handling domestic violence cases.--

  9         (2)  As used in this section:

10         (a)  The term "domestic violence" has the same meaning

11  ascribed in s. 741.28 means any assault, battery, sexual

12  assault, sexual battery, or any criminal offense resulting in

13  physical injury or death of one family or household member by

14  another, who is or was residing in the same single dwelling

15  unit.

16         (b)  "Family or household member" has the same meaning

17  ascribed in s. 741.28 means spouse, former spouse, persons

18  related by blood or marriage, persons who are presently

19  residing together, as if a family, or who have resided

20  together in the past, as if a family, and persons who have a

21  child in common regardless of whether they have been married

22  or have presently residing together, as if a family, or who

23  have resided together in the past, as if a family, and persons

24  who have a child in common regardless of whether they have

25  been married or have resided together at any time.

26         Section 5.  Subsection (4) of section 39.013, Florida

27  Statutes, is amended to read:

28         39.013  Procedures and jurisdiction; right to

29  counsel.--

30         (4)  Orders entered pursuant to this chapter which

31  affect the placement of, access to, parental time with, or

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  1  parental responsibility for a minor child The order of the

  2  circuit court hearing dependency matters shall be filed by the

  3  clerk of the court in any dissolution or other custody action

  4  or proceeding and shall take precedence over other custody and

  5  visitation orders entered in civil those actions or

  6  proceedings. However, if the court has terminated

  7  jurisdiction, such order may be subsequently modified by a

  8  court of competent jurisdiction in any other civil action or

  9  proceeding affecting placement of, access to, parental time

10  with, or parental responsibility for the same minor child, if

11  notice of the action or proceeding and opportunity to be heard

12  are given to the Department of Children and Family Services.

13         Section 6.  Subsection (6) of section 39.0132, Florida

14  Statutes, is amended and subsection (7) is added to that

15  section to read:

16         39.0132  Oaths, records, and confidential

17  information.--

18         (6)  No court record of proceedings under this chapter

19  shall be admissible in evidence in any other civil or criminal

20  proceeding, except that:

21         (a)  Orders permanently terminating the rights of a

22  parent and committing the child to a licensed child-placing

23  agency or the department for adoption shall be admissible in

24  evidence in subsequent adoption proceedings relating to the

25  child.

26         (a)(b)  Records of proceedings under this chapter

27  forming a part of the record on appeal shall be used in the

28  appellate court in the manner hereinafter provided.

29         (b)(c)  Records necessary therefor shall be admissible

30  in evidence in any case in which a person is being tried upon

31  a charge of having committed perjury.

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  1         (c)(d)  Records of proceedings under this chapter may

  2  be used to prove disqualification pursuant to s. 435.06 and

  3  for proof regarding such disqualification in a chapter 120

  4  proceeding.

  5         (e)  Orders permanently and involuntarily terminating

  6  the rights of a parent shall be admissible as evidence in

  7  subsequent termination of parental rights proceedings for a

  8  sibling of the child for whom parental rights were terminated.

  9         (d)  Final orders entered pursuant to an adjudicatory

10  hearing shall be admissible in evidence in any subsequent

11  civil proceeding relating to placement of, access to, parental

12  time with, or parental responsibility for the same child or

13  sibling of that child.

14         (e)  Evidence admitted in any proceeding under this

15  chapter may be admissible in evidence when offered by any

16  party in any subsequent civil proceeding relating to placement

17  of, access to, parental time with, or parental responsibility

18  for the same child or sibling of that child, provided that:

19         1.  Notice is given to the opposing party or opposing

20  party's counsel of the intent to offer the evidence and a copy

21  of such evidence is delivered to the opposing party or the

22  opposing party's counsel.

23         2.  The evidence is otherwise admissible in the

24  subsequent civil proceeding.

25         (7)  Final orders, records, and evidence in any

26  proceeding under this chapter which are subsequently admitted

27  in evidence pursuant to subsection (6) are still subject to

28  the provisions of subsections (3) and (4).

29         Section 7.  Subsection (7) of section 39.502, Florida

30  Statutes, is amended to read:

31         39.502  Notice, process, and service.--

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  1         (7)  Service of the summons and service of pleadings,

  2  papers, and notices subsequent to the summons on persons

  3  outside this state must be made pursuant to s. 61.509 s.

  4  61.1312.

  5         Section 8.  Subsection (3) of section 39.521, Florida

  6  Statutes, is amended to read:

  7         39.521  Disposition hearings; powers of disposition.--

  8         (3)  When any child is adjudicated by a court to be

  9  dependent, the court shall determine the appropriate placement

10  for the child as follows:

11         (a)  If the court determines that the child can safely

12  remain in the home with the parent with whom the child was

13  residing at the time the events or conditions arose that

14  brought the child within the jurisdiction of the court and

15  that remaining in this home is in the best interest of the

16  child, then the court shall order conditions under which the

17  child may remain or return to the home and that this placement

18  be under the protective supervision of the department for not

19  less than 6 months.

20         (b)  If there is a parent with whom the child was not

21  residing at the time the events or conditions arose that

22  brought the child within the jurisdiction of the court who

23  desires to assume custody of the child, the court shall place

24  the child with that parent upon completion of a home study,

25  unless the court finds that such placement would endanger the

26  safety, well-being, or physical, mental, or emotional health

27  of the child. Any party with knowledge of the facts may

28  present to the court evidence regarding whether the placement

29  will endanger the safety, well-being, or physical, mental, or

30  emotional health of the child. If the court places the child

31  with such parent, it may do either of the following:

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  1         1.  Order that the parent assume sole custodial

  2  responsibilities for the child. The court may also provide for

  3  reasonable visitation by the noncustodial parent. The court

  4  may then terminate its jurisdiction over the child. The

  5  custody order shall take precedence over other orders that

  6  effect placement of, access to, parental time with, or

  7  parental responsibility for a minor child continue unless

  8  modified by a subsequent order of the circuit court hearing

  9  dependency matters. The order of the circuit court hearing

10  dependency matters shall be filed in any dissolution or other

11  custody action or proceeding between the parents and shall

12  take precedence over other custody and visitation orders

13  entered in civil those actions or proceedings. However, if the

14  court terminates jurisdiction, such order may be subsequently

15  modified by a court of competent jurisdiction in any other

16  civil action or proceeding affecting placement of, access to,

17  parental time with, or parental responsibility for the same

18  minor child, if notice of the action or proceeding and

19  opportunity to be heard are given to the Department of

20  Children and Family Services.

21         2.  Order that the parent assume custody subject to the

22  jurisdiction of the circuit court hearing dependency matters.

23  The court may order that reunification services be provided to

24  the parent from whom the child has been removed, that services

25  be provided solely to the parent who is assuming physical

26  custody in order to allow that parent to retain later custody

27  without court jurisdiction, or that services be provided to

28  both parents, in which case the court shall determine at every

29  review hearing which parent, if either, shall have custody of

30  the child. The standard for changing custody of the child from

31

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  1  one parent to another or to a relative or another adult

  2  approved by the court shall be the best interest of the child.

  3         (c)  If no fit parent is willing or available to assume

  4  care and custody of the child, place the child in the

  5  temporary legal custody of an adult relative or other adult

  6  approved by the court who is willing to care for the child,

  7  under the protective supervision of the department. The

  8  department must supervise this placement until the child

  9  reaches permanency status in this home, and in no case for a

10  period of less than 6 months. Permanency in a relative

11  placement shall be by adoption, long-term custody, or

12  guardianship.

13         (d)  If the child cannot be safely placed in a

14  nonlicensed placement, the court shall commit the child to the

15  temporary legal custody of the department. Such commitment

16  invests in the department all rights and responsibilities of a

17  legal custodian. The department shall not return any child to

18  the physical care and custody of the person from whom the

19  child was removed, except for court-approved visitation

20  periods, without the approval of the court. The term of such

21  commitment continues until terminated by the court or until

22  the child reaches the age of 18. After the child is committed

23  to the temporary legal custody of the department, all further

24  proceedings under this section are governed by this chapter.

25

26  Protective supervision continues until the court terminates it

27  or until the child reaches the age of 18, whichever date is

28  first. Protective supervision shall be terminated by the court

29  whenever the court determines that permanency has been

30  achieved for the child, whether with a parent, another

31  relative, or a legal custodian, and that protective

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  1  supervision is no longer needed. The termination of

  2  supervision may be with or without retaining jurisdiction, at

  3  the court's discretion, and shall in either case be considered

  4  a permanency option for the child. The order terminating

  5  supervision by the department shall set forth the powers of

  6  the custodian of the child and shall include the powers

  7  ordinarily granted to a guardian of the person of a minor

  8  unless otherwise specified. Upon the court's termination of

  9  supervision by the department, no further judicial reviews are

10  required, so long as permanency has been established for the

11  child.

12         Section 9.  Subsection (6) of section 39.814, Florida

13  Statutes, is amended and subsection (7) is added to that

14  section to read:

15         39.814  Oaths, records, and confidential information.--

16         (6)  No court record of proceedings under this part

17  shall be admissible in evidence in any other civil or criminal

18  proceeding, except that:

19         (a)  Orders terminating the rights of a parent are

20  admissible in evidence in subsequent adoption proceedings

21  relating to the child and in subsequent termination of

22  parental rights proceedings concerning a sibling of the child.

23         (a)(b)  Records of proceedings under this part forming

24  a part of the record on appeal shall be used in the appellate

25  court in the manner hereinafter provided.

26         (b)(c)  Records necessary therefor shall be admissible

27  in evidence in any case in which a person is being tried upon

28  a charge of having committed perjury.

29         (c)  Final orders entered pursuant to an adjudicatory

30  hearing shall be admissible in evidence in any subsequent

31  civil proceeding relating to placement of, access to, parental

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  1  time with, or parental responsibility for the same child or

  2  sibling of that child.

  3         (d)  Evidence admitted in evidence in any proceeding

  4  under this part may be admissible in evidence when offered by

  5  any party in any subsequent civil proceeding relating to

  6  placement of, access to, parental time with or parental

  7  responsibility for the same child or sibling of that child,

  8  provided that:

  9         1.  Notice is given to the opposing party or opposing

10  party's counsel of the intent to offer the evidence and a copy

11  of such evidence is delivered to the opposing party or

12  opposing party's counsel.

13         2.  The evidence is otherwise admissible in the

14  subsequent civil proceeding.

15         (7)  Final orders, records, and evidence in any

16  proceeding under this part which are subsequently admitted in

17  evidence pursuant to subsection (6) are still subject to the

18  provisions of subsection (3) and (4).

19         Section 10.  Subsections (1) and (3) of section 39.902,

20  Florida Statutes, are amended to read:

21         39.902  Definitions.--As used in this part, the term:

22         (1)  "Domestic violence" has the same meaning ascribed

23  in s. 741.28 means any assault, battery, sexual assault,

24  sexual battery, or any criminal offense resulting in physical

25  injury or death of one family or household member by another

26  who is or was residing in the same single dwelling unit.

27         (3)  "Family or household member" has the same meaning

28  ascribed in s. 741.28 means spouses, former spouses, adults

29  related by blood or marriage, persons who are presently

30  residing together as if a family or who have resided together

31  in the past as if a family, and persons who have a child in

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  1  common regardless of whether they have been married or have

  2  resided together at any time.

  3         Section 11.  Subsection (2) of section 44.1011, Florida

  4  Statutes, is amended to read:

  5         44.1011  Definitions.--As used in this chapter:

  6         (2)  "Mediation" means a process whereby a neutral

  7  third person called a mediator acts to encourage and

  8  facilitate the resolution of a dispute between two or more

  9  parties.  It is an informal and nonadversarial process with

10  the objective of helping the disputing parties reach a

11  mutually acceptable and voluntary agreement.  In mediation,

12  decisionmaking authority rests with the parties.  The role of

13  the mediator includes, but is not limited to, assisting the

14  parties in identifying issues, fostering joint problem

15  solving, and exploring settlement alternatives. "Mediation"

16  includes:

17         (a)  "Appellate court mediation," which means mediation

18  that occurs during the pendency of an appeal of a civil case.

19         (b)  "Circuit court mediation," which means mediation

20  of civil cases, other than family matters, in circuit court.

21  If a party is represented by counsel, the counsel of record

22  must appear unless stipulated to by the parties or otherwise

23  ordered by the court.

24         (c)  "County court mediation," which means mediation of

25  civil cases within the jurisdiction of county courts,

26  including small claims. Negotiations in county court mediation

27  are primarily conducted by the parties. Counsel for each party

28  may participate. However, presence of counsel is not required.

29         (d)  "Family mediation" which means mediation of family

30  matters, including married and unmarried persons, before and

31  after judgments involving dissolution of marriage; property

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  1  division; paternity; adoption; emancipation of a minor; shared

  2  or sole parental responsibility; or child support, custody,

  3  and visitation involving emotional or financial considerations

  4  not usually present in other circuit civil cases. Negotiations

  5  in family mediation are primarily conducted by the parties.

  6  Counsel for each party may attend the mediation conference and

  7  privately communicate with their clients.  However, presence

  8  of counsel is not required, and, in the discretion of the

  9  mediator, and with the agreement of the parties, mediation may

10  proceed in the absence of counsel unless otherwise ordered by

11  the court.

12         (e)  "Dependency or in need of services mediation,"

13  which means mediation of dependency, child in need of

14  services, or family in need of services matters. Negotiations

15  in dependency or in need of services mediation are primarily

16  conducted by the parties. Counsel for each party may attend

17  the mediation conference and privately communicate with their

18  clients. However, presence of counsel is not required and, in

19  the discretion of the mediator and with the agreement of the

20  parties, mediation may proceed in the absence of counsel

21  unless otherwise ordered by the court.

22         (f)  "Voluntary mediation," which means mediation of

23  any matters as provided in paragraphs (d) and (e) if a court

24  has not referred the matter to mediation but the parties agree

25  to submit to mediation after the initiation of any legal

26  proceeding.

27         (g)  "Presuit mediation," which means mediation of any

28  matters as provided in paragraph (d) which are in dispute and

29  for which the persons disputing the matters agree to submit to

30  mediation before the initiation of any legal proceeding.

31

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  1         Section 12.  Section 44.1012, Florida Statutes, is

  2  created to read:

  3         44.1012  Continuum of alternatives to litigation;

  4  legislative intent.--It is the intent of the Legislature that

  5  a range of alternatives to judicial action be available to

  6  families in order to reduce the level of costly court

  7  intervention required to resolve disputes. Communities, with

  8  the involvement of the courts, are encouraged to provide

  9  families with a continuum of options that educate and assist

10  parents and children with conflict dispute resolution prior to

11  and after judicial intervention.

12         Section 13.  Section 44.1025, Florida Statutes, is

13  created to read:

14         44.1025  Presuit and voluntary mediation.--

15         (1)  All oral or written communications or documents,

16  including the written documents of a mediator, other than an

17  executed settlement agreement, in a presuit or voluntary

18  mediation proceeding shall be confidential and inadmissible as

19  evidence in any subsequent legal proceeding, unless all

20  participants to the presuit mediation or all parties to the

21  voluntary mediation otherwise agree.

22         (2)  Each participant to a presuit mediation or any

23  party to a voluntary mediation has a privilege to refuse to

24  disclose and to prevent another person from disclosing

25  communications made during or for the purpose of mediation,

26  except as provided in subsection (3). A participant to a

27  presuit mediation or party to a voluntary mediation does not

28  include a mediator, counsel for a participant or party, or

29  anyone hired by the participant or party to assist in the

30  mediation process.

31

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  1         (3)  There shall be no privilege and no restriction on

  2  any disclosure of oral or written communications made

  3  confidential in subsection (2) for:

  4         (a)  Communications concerning abuse, neglect, or

  5  exploitation of any person for which the law requires a

  6  mandatory report.

  7         (b)  Evidence of acts or threats of physical violence.

  8         (c)  Professional misconduct committed during the

  9  mediation. In such cases, the disclosure of an otherwise

10  privileged communication shall be used only for the internal

11  use of the body conducting the investigation. Prior to the

12  release of any disciplinary files to the public, all

13  references to otherwise privileged communications shall be

14  deleted from the record. When an otherwise confidential

15  communication is used in a disciplinary proceeding, the

16  communication shall be inadmissible as evidence in any

17  subsequent legal proceeding. As used in this paragraph, the

18  term "subsequent legal proceeding" means any legal proceeding

19  between the parties to the mediation which follows the presuit

20  or voluntary mediation.

21         (4)  Admission of evidence under subsection (3) does

22  not render the evidence or any other mediation communication

23  discoverable or admissible for any other purpose.

24         (5)  Evidence or information which is otherwise

25  admissible or subject to discovery does not become

26  inadmissible or protected from discovery solely by reason of

27  its disclosure or use in mediation.

28         Section 14.  Section 44.108, Florida Statutes, as

29  amended by section 8 of chapter 2001-122, Laws of Florida, is

30  amended to read:

31

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  1         44.108  Funding of mediation and

  2  arbitration.--Mediation should be accessible to all parties

  3  regardless of financial status.

  4         (1)  Each board of county commissioners may support

  5  mediation and arbitration services by appropriating moneys

  6  from county revenues and by:

  7         (a)(1)  Levying, in addition to other service charges

  8  levied by law, a service charge of no more than $5 on any

  9  circuit court proceeding, which shall be deposited in the

10  court's mediation-arbitration account fund under the

11  supervision of the chief judge of the circuit in which the

12  county is located; and

13         (b)(2)  Levying, in addition to other service charges

14  levied by law, a service charge of no more than $5 on any

15  county court proceeding, which shall be deposited in the

16  county's mediation-arbitration account fund to be used to fund

17  county civil mediation services under the supervision of the

18  chief judge of the circuit in which the county is located.

19         (c)  If a board of county commissioners levies the

20  service charge authorized in paragraph (a) or paragraph (b),

21  the clerk of the court shall forward $1 of each charge to the

22  Department of Revenue for deposit in the state mediation and

23  arbitration trust fund. Such fund shall be used by the Supreme

24  Court to carry out its responsibilities set forth in s.

25  44.106.

26         (2)(3)  A fee of $65 is levied Levying, in addition to

27  other service charges levied by law, a service charge of no

28  more than $45 on any petition for a modification of a final

29  judgment of dissolution and shall be deposited as follows:

30         (a)  Forty-four dollars, which shall be deposited in

31  the court's family mediation account fund to be used to fund

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  1  family mediation services under the supervision of the chief

  2  judge of the circuit in which the county is located.

  3         (b)  Twenty dollars shall be forwarded to the

  4  Department of Revenue for deposit in the state mediation and

  5  arbitration trust fund, which shall be used by the Supreme

  6  Court to carry out its responsibilities set forth in s.

  7  44.202.

  8         (c)  One dollar shall be forwarded to the Department of

  9  Revenue for deposit in the state mediation and arbitration

10  trust fund, which shall be used by the Supreme Court to carry

11  out its responsibilities set forth in s. 44.106.

12         (4)  If a board of county commissioners levies the

13  service charge authorized in subsection (1), subsection (2),

14  or subsection (3), the clerk of the court shall forward $1 of

15  each charge to the Department of Revenue for deposit in the

16  state mediation and arbitration trust fund which is hereby

17  established.  Such fund shall be used by the Supreme Court to

18  carry out its responsibilities set forth in s. 44.106.

19         Section 15.  The Legislature requests that the Supreme

20  Court establish a formal process that encourages and

21  facilitates the filing of stipulated agreements in

22  post-judgment family-law matters; such process should

23  facilitate consideration of the stipulated agreement by the

24  court without necessitating an appearance before the court.

25  This process should provide notice to the parties regarding

26  their right to a hearing, include safeguards to prevent the

27  filing or acceptance of agreements reached under duress or

28  coercion, and provide for a hearing if the court determines

29  that such a hearing is necessary.

30         Section 16.  Section 44.202, Florida Statutes, is

31  created to read:

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  1         44.202  Presuit mediation pilot programs.--

  2         (1)  The Supreme Court shall use funds as designated

  3  under s. 44.108(2) to provide court-ordered family mediation

  4  and to establish presuit-mediation pilot programs. At the

  5  discretion of the Supreme Court, up to 50 percent of these

  6  designated funds may be used to ensure that court-ordered

  7  family mediation is available in each of the circuits. The

  8  Supreme Court's use of these designated funds is contingent

  9  upon the court's establishment of a formal process that allows

10  for the court filing and approval of stipulated agreements

11  without the need for court appearances by the parties.

12         (2)  The purposes of these presuit-mediation pilot

13  programs are to:

14         (a)  Encourage mediation prior to the court filing of a

15  supplemental petition to modify or a motion to enforce a final

16  judgment involving dissolution of marriage, paternity, spousal

17  support, parental responsibility, child support, custody, and

18  visitation.

19         (b)  Facilitate the court filing and approval of

20  mediated agreements of such family-law matters.

21         (c)  Minimize the need for court appearances arising

22  from modification or enforcement of final judgments involving

23  such family-law matters.

24         (3)  The presuit-mediation pilot programs shall:

25         (a)  Incorporate and use the same formal process that

26  the Supreme Court establishes for the court filing and

27  approval of stipulated agreements without the need for court

28  appearances by the parties.

29         (b)  Provide families with the opportunity to mediate a

30  disputed family-law matter before filing a supplemental

31  petition to modify or a motion to enforce a final judgment and

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  1  to obtain court approval of a mediated agreement on such

  2  matters without the need for a court appearance.

  3         (c)  Offer voluntary participation in the program to

  4  persons, particularly those who would not otherwise be able to

  5  afford mediation, in these family-law matters.

  6         (d)  Exclude cases involving judgments entered pursuant

  7  to chapter 741.

  8         (4)  Each person participating in a mediation pursuant

  9  to this section shall be given an executed copy of the

10  mediated agreement. Each person has the right to request a

11  hearing on the supplemental petition to modify a final

12  judgment or motion to enforce a final judgment. Each person

13  shall also be provided with the opportunity to waive his or

14  her right to a hearing and to consent in writing to the entry

15  of mediated agreement without a hearing.

16         (5)  The court, in its discretion, may enter an order

17  approving a mediated agreement pursuant to a presuit-mediation

18  pilot program without requiring a court appearance by the

19  parties, subject to subsection (4). If the mediated agreement

20  is approved, the agreement shall be made a part of the order.

21         (6)  The provisions of s. 44.1025 apply to mediations

22  conducted pursuant to this section.

23         (7)  The Office of the State Courts Administrator shall

24  evaluate the presuit-mediation pilot programs.  The evaluation

25  shall include, but not be limited to: the use of the pilot

26  programs; the issues mediated; the number of mediated

27  agreements reached; the number of mediated agreements adopted

28  by the court, with and without a court appearance; the number

29  of court hearings avoided; and an estimated amount of court

30  time saved.  A report on the evaluation of the

31  presuit-mediation pilot programs shall be submitted to the

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  1  President of the Senate and the Speaker of the House of

  2  Representatives by December 31, 2004.

  3         Section 17.  Paragraph (a) of subsection (1) and

  4  paragraph (b) of subsection (2) of section 61.13, Florida

  5  Statutes, are amended to read:

  6         61.13  Custody and support of children; visitation

  7  rights; power of court in making orders.--

  8         (1)(a)  In a proceeding under this chapter for

  9  dissolution of marriage, the court has jurisdiction to

10  determine all matters relating to child support may at any

11  time order either or both parents who owe a duty of support to

12  a child to pay support in accordance with the guidelines in s.

13  61.30.  The court initially entering an order requiring one or

14  both parents to make child support payments shall have

15  continuing jurisdiction after the entry of the initial order

16  to modify the amount and terms and conditions of the child

17  support payments when the modification is found necessary by

18  the court in the best interests of the child, when the child

19  reaches majority, or when there is a substantial change in the

20  circumstances of the parties.  The court initially entering a

21  child support order shall also have continuing jurisdiction to

22  require the obligee to report to the court on terms prescribed

23  by the court regarding the disposition of the child support

24  payments.

25         (2)

26         (b)1.  The court shall determine all matters relating

27  to custody of each minor child of the parties in accordance

28  with the best interests of the child and in accordance with

29  the Uniform Child Custody Jurisdiction and Enforcement Act. It

30  is the public policy of this state to assure that each minor

31  child has frequent and continuing contact with both parents

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  1  after the parents separate or the marriage of the parties is

  2  dissolved and to encourage parents to share the rights and

  3  responsibilities, and joys, of childrearing. After considering

  4  all relevant facts, the father of the child shall be given the

  5  same consideration as the mother in determining the primary

  6  residence of a child irrespective of the age or sex of the

  7  child.

  8         2.  The court shall order that the parental

  9  responsibility for a minor child be shared by both parents

10  unless the court finds that shared parental responsibility

11  would be detrimental to the child. Evidence that a parent has

12  been convicted of a felony of the third degree or higher

13  involving domestic violence, as defined in s. 741.28 and

14  chapter 775, or meets the criteria of s. 39.806(1)(d), creates

15  a rebuttable presumption of detriment to the child. If the

16  presumption is not rebutted, shared parental responsibility,

17  including visitation, residence of the child, and decisions

18  made regarding the child, may not be granted to the convicted

19  parent. However, the convicted parent is not relieved of any

20  obligation to provide financial support. If the court

21  determines that shared parental responsibility would be

22  detrimental to the child, it may order sole parental

23  responsibility and make such arrangements for visitation as

24  will best protect the child or abused spouse from further

25  harm. Whether or not there is a conviction of any offense of

26  domestic violence or child abuse or the existence of an

27  injunction for protection against domestic violence, the court

28  shall consider evidence of domestic violence or child abuse as

29  evidence of detriment to the child.

30         a.  In ordering shared parental responsibility, the

31  court may consider the expressed desires of the parents and

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  1  may grant to one party the ultimate responsibility over

  2  specific aspects of the child's welfare or may divide those

  3  responsibilities between the parties based on the best

  4  interests of the child. Areas of responsibility may include

  5  primary residence, education, medical and dental care, and any

  6  other responsibilities that the court finds unique to a

  7  particular family.

  8         b.  The court shall order "sole parental

  9  responsibility, with or without visitation rights, to the

10  other parent when it is in the best interests of" the minor

11  child.

12         c.  The court may award the grandparents visitation

13  rights with a minor child if it is in the child's best

14  interest. Grandparents have legal standing to seek judicial

15  enforcement of such an award. This section does not require

16  that grandparents be made parties or given notice of

17  dissolution pleadings or proceedings, nor do grandparents have

18  legal standing as "contestants" as defined in s. 61.1306. A

19  court may not order that a child be kept within the state or

20  jurisdiction of the court solely for the purpose of permitting

21  visitation by the grandparents.

22         3.  Access to records and information pertaining to a

23  minor child, including, but not limited to, medical, dental,

24  and school records, may not be denied to a parent because the

25  parent is not the child's primary residential parent. Full

26  rights under this subparagraph apply to either parent unless a

27  court order specifically revokes these rights, including any

28  restrictions on these rights as provided in a domestic

29  violence injunction. A parent having rights under this

30  subparagraph has the same rights upon request as to form,

31  substance, and manner of access as are available to the other

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  1  parent of a child, including, without limitation, the right to

  2  in-person communication with medical, dental, and education

  3  providers.

  4         Section 18.  The "Uniform Child Custody Jurisdiction

  5  Act," consisting of sections 61.1302, 61.1304, 61.1306,

  6  61.1308, 61.131, 61.1312, 61.1314, 61.1316, 61.1318, 61.132,

  7  61.1322, 61.1324, 61.1326, 61.1328, 61.133, 61.1332, 61.1334,

  8  61.1336, 61.1338, 61.134, 61.1342, 61.1344, 61.1346, and

  9  61.1348, Florida Statutes, is repealed.

10         Section 19.  Section 61.183, Florida Statutes, is

11  repealed.

12         Section 20.  Sections 61.19 and 61.191, Florida

13  Statutes, are transferred and renumbered as sections 61.053

14  and 61.054, respectively.

15         Section 21.  Subsections (3) and (4) of section 61.21,

16  Florida Statutes, are amended to read:

17         61.21  Parenting course authorized; fees; required

18  attendance authorized; contempt.--

19         (3)  All parties to a dissolution of marriage

20  proceeding with minor children or a paternity action which

21  involves issues of parental responsibility shall be required

22  to complete the Parent Education and Family Stabilization

23  Course prior to the entry by the court of a final judgment.

24  The court may excuse a party from attending the parenting

25  course or meeting the required timeframe for completing the

26  course for good cause.

27         (4)  All parties required to complete a parenting

28  course under this section shall begin the course as

29  expeditiously as possible after filing for dissolution of

30  marriage or paternity. Unless excused by the court pursuant to

31  subsection (3), the petitioner in the action must complete the

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  1  course within 45 days after filing the petition and all other

  2  parties to the action must complete the course within 45 days

  3  after service of the petition. Each party and shall file proof

  4  of compliance with the court prior to the entry of the final

  5  judgment.

  6         Section 22.  Part IV of chapter 61, Florida Statutes,

  7  consisting of sections 61.501, 61.502, 61.503, 61.504, 61.505,

  8  61.506, 61.507, 61.508, 61.509, 61.510, 61.511, 61.512,

  9  61.513, 61.514, 61.515, 61.516, 61.517, 61.518, 61.519,

10  61.520, 61.521, 61.522, 61.523, 61.524, 61.525, 61.526,

11  61.527, 61.528, 61.529, 61.530, 61.531, 61.532, 61.533,

12  61.534, 61.535, 61.536, 61.537, 61.538, 61.539, 61.540,

13  61.541, and 61.542, Florida Statutes, is created to read:

14         61.501  Short title.--This part may be cited as the

15  "Uniform Child Custody Jurisdiction and Enforcement Act."

16         61.502  Purposes of part; construction of

17  provisions.--The general purposes of this part are to:

18         (1)  Avoid jurisdictional competition and conflict with

19  courts of other states in matters of child custody which have

20  in the past resulted in the shifting of children from state to

21  state with harmful effects on their well-being.

22         (2)  Promote cooperation with the courts of other

23  states to the end that a custody decree is rendered in the

24  state that can best decide the case in the interest of the

25  child.

26         (3)  Discourage the use of the interstate system for

27  continuing controversies over child custody.

28         (4)  Deter abductions.

29         (5)  Avoid relitigating the custody decisions of other

30  states in this state.

31

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  1         (6)  Facilitate the enforcement of custody decrees of

  2  other states.

  3         (7)  Promote and expand the exchange of information and

  4  other forms of mutual assistance between the courts of this

  5  state and those of other states concerned with the same child.

  6         (8)  Make uniform the law with respect to the subject

  7  of this part among the states enacting it.

  8         61.503  Definitions.--As used in this part, the term:

  9         (1)  "Abandoned" means left without provision for

10  reasonable and necessary care or supervision.

11         (2)  "Child" means an individual who has not attained

12  18 years of age.

13         (3)  "Child custody determination" means a judgment,

14  decree, or other order of a court providing for the legal

15  custody, physical custody, residential care, or visitation

16  with respect to a child. The term includes a permanent,

17  temporary, initial, and modification order. The term does not

18  include an order relating to child support or other monetary

19  obligation of an individual.

20         (4)  "Child custody proceeding" means a proceeding in

21  which legal custody, physical custody, residential care or

22  visitation with respect to a child is an issue. The term

23  includes a proceeding for divorce, separation, neglect, abuse,

24  dependency, guardianship, paternity, termination of parental

25  rights, and protection from domestic violence, in which the

26  issue may appear. The term does not include a proceeding

27  involving juvenile delinquency, contractual emancipation, or

28  enforcement under ss. 61.524-61.540.

29         (5)  "Commencement" means the filing of the first

30  pleading in a proceeding.

31

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  1         (6)  "Court" means an entity authorized under the laws

  2  of a state to establish, enforce, or modify a child custody

  3  determination.

  4         (7)  "Home state" means the state in which a child

  5  lived with a parent or a person acting as a parent for at

  6  least 6 consecutive months immediately before the commencement

  7  of a child custody proceeding. In the case of a child younger

  8  than 6 months of age, the term means the state in which the

  9  child lived from birth with any of the persons mentioned. A

10  period of temporary absence of any of the mentioned persons is

11  part of the period.

12         (8)  "Initial determination" means the first child

13  custody determination concerning a particular child.

14         (9)  "Issuing court" means the court that makes a child

15  custody determination for which enforcement is sought under

16  this part.

17         (10)  "Issuing state" means the state in which a child

18  custody determination is made.

19         (11)  "Modification" means a child custody

20  determination that changes, replaces, supersedes, or is

21  otherwise made after a previous determination concerning the

22  same child, regardless of whether it is made by the court that

23  made the previous determination.

24         (12)  "Person" means an individual, corporation,

25  business trust, estate, trust, partnership, limited liability

26  company, association, joint venture, or government;

27  governmental subdivision, agency, instrumentality, or public

28  corporation; or any other legal or commercial entity.

29         (13)  "Person acting as a parent" means a person, other

30  than a parent, who:

31

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  1         (a)  Has physical custody of the child or has had

  2  physical custody for a period of 6 consecutive months,

  3  including any temporary absence, within 1 year immediately

  4  before the commencement of a child custody proceeding; and

  5         (b)  Has been awarded a child-custody determination by

  6  a court or claims a right to a child-custody determination

  7  under the laws of this state.

  8         (14)  "Physical custody" means the physical care and

  9  supervision of a child.

10         (15)  "State" means a state of the United States, the

11  District of Columbia, Puerto Rico, the United States Virgin

12  Islands, or any territory or insular possession subject to the

13  jurisdiction of the United States.

14         (16)  "Tribe" means an Indian tribe, or band, or

15  Alaskan Native village that is recognized by federal law or

16  formally acknowledged by a state.

17         (17)  "Warrant" means an order issued by a court

18  authorizing law enforcement officers to take physical custody

19  of a child.

20         61.504  Proceedings governed by other law.--This part

21  does not govern a proceeding pertaining to the authorization

22  of emergency medical care for a child.

23         61.505  Application to Indian tribes.--

24         (1)  A child custody proceeding that pertains to an

25  Indian child, as defined in the Indian Child Welfare Act, 25

26  U.S.C. s. 1901 et seq., is not subject to this part to the

27  extent that it is governed by the Indian Child Welfare Act.

28         (2)  A court of this state shall treat a tribe as if it

29  were a state of the United States for purposes of applying ss.

30  61.501-61.523.

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  1         (3)  A child custody determination made by a tribe

  2  under factual circumstances in substantial conformity with the

  3  jurisdictional standards of this part must be recognized and

  4  enforced under ss. 61.524-61.540.

  5         61.506  International application of part.--

  6         (1)  A court of this state shall treat a foreign

  7  country as if it were a state of the United States for

  8  purposes of applying ss. 61.501-61.523.

  9         (2)  Except as otherwise provided in subsection (3), a

10  child custody determination made in a foreign country under

11  factual circumstances in substantial conformity with the

12  jurisdictional standards of this part must be recognized and

13  enforced under ss. 61.524-61.540.

14         (3)  A court of this state need not apply this part if

15  the child custody law of a foreign country violates

16  fundamental principles of human rights.

17         61.507  Effect of child custody determination.--A child

18  custody determination made by a court of this state which had

19  jurisdiction under this part binds all persons who have been

20  served in accordance with the laws of this state or notified

21  in accordance with s. 61.509 or who have submitted to the

22  jurisdiction of the court, and who have been given an

23  opportunity to be heard. As to those persons, the

24  determination is conclusive as to all decided issues of law

25  and fact except to the extent the determination is modified.

26         61.508  Priority.--If a question of existence or

27  exercise of jurisdiction under this part is raised in a child

28  custody proceeding, the question, upon request of a party,

29  must be given priority on the calendar and handled

30  expeditiously.

31         61.509  Notice to persons outside the state.--

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  1         (1)  Notice required for the exercise of jurisdiction

  2  when a person is outside this state may be given in a manner

  3  prescribed by the laws of the state in which the service is

  4  made. Notice must be given in a manner reasonably calculated

  5  to give actual notice, but may be made by publication if other

  6  means are not effective.

  7         (2)  Proof of service may be made in the manner

  8  prescribed by the laws of the state in which the service is

  9  made.

10         (3)  Notice is not required for the exercise of

11  jurisdiction with respect to a person who submits to the

12  jurisdiction of the court.

13         61.510  Appearance and limited immunity.--

14         (1)  A party to a child custody proceeding, including a

15  modification proceeding, or a petitioner or respondent in a

16  proceeding to enforce or register a child custody

17  determination, is not subject to personal jurisdiction in this

18  state for another proceeding or purpose solely by reason of

19  having participated, or of having been physically present for

20  the purpose of participating, in the proceeding.

21         (2)  A person who is subject to personal jurisdiction

22  in this state on a basis other than physical presence is not

23  immune from service of process in this state. A party present

24  in this state who is subject to the jurisdiction of another

25  state is not immune from service of process allowable under

26  the laws of that state.

27         (3)  The immunity granted by subsection (1) does not

28  extend to civil litigation based on an act unrelated to the

29  participation in a proceeding under this part which was

30  committed by an individual while present in this state.

31         61.511  Communication between courts.--

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  1         (1)  A court of this state may communicate with a court

  2  in another state concerning a proceeding arising under this

  3  part.

  4         (2)  The court shall allow the parties to participate

  5  in the communication. If the parties elect to participate in

  6  the communication, they must be given the opportunity to

  7  present facts and legal arguments before a decision on

  8  jurisdiction is made.

  9         (3)  Communication between courts on schedules,

10  calendars, court records, and similar matters may occur

11  without informing the parties. A record need not be made of

12  the communication.

13         (4)  Except as otherwise provided in subsection (3), a

14  record must be made of a communication under this section. The

15  parties must be informed promptly of the communication and

16  granted access to the record.

17         (5)  For purposes of this section, the term "record"

18  means a form of information, including, but not limited to, an

19  electronic recording or transcription by a court reporter

20  which creates a verbatim memorialization of any communication

21  between two or more individuals or entities.

22         61.512  Taking testimony in another state.--

23         (1)  In addition to other procedures available to a

24  party, a party to a child custody proceeding may offer

25  testimony of witnesses who are located in another state,

26  including testimony of the parties and the child, by

27  deposition or other means available in this state for

28  testimony taken in another state. The court on its own motion

29  may order that the testimony of a person be taken in another

30  state and may prescribe the manner in which and the terms upon

31  which the testimony is taken.

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  1         (2)  Upon agreement of the parties, a court of this

  2  state may permit an individual residing in another state to be

  3  deposed or to testify by telephone, audiovisual means, or

  4  other electronic means before a designated court or at another

  5  location in that state. A court of this state shall cooperate

  6  with courts of other states in designating an appropriate

  7  location for the deposition or testimony.

  8         (3)  Documentary evidence transmitted from another

  9  state to a court of this state by technological means that

10  does not produce an original writing may not be excluded from

11  evidence on an objection based on the means of transmission.

12         61.513  Cooperation between courts; preservation of

13  records.--

14         (1)  A court of this state may request the appropriate

15  court of another state to:

16         (a)  Hold an evidentiary hearing;

17         (b)  Order a person to produce or give evidence

18  pursuant to the laws of that state;

19         (c)  Order that an evaluation be made with respect to

20  the custody of a child involved in a pending proceeding

21  pursuant to the laws of the state where the proceeding is

22  pending;

23         (d)  Forward to the court of this state a certified

24  copy of the transcript of the record of the hearing, the

25  evidence otherwise presented, and any evaluation prepared in

26  compliance with the request; or

27         (e)  Order a party to a child custody proceeding or any

28  person having physical custody of the child to appear in the

29  proceeding with or without the child.

30

31

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  1         (2)  Upon request of a court of another state, a court

  2  of this state may hold a hearing or enter an order described

  3  in subsection (1).

  4         (3)  Travel and other necessary and reasonable expenses

  5  incurred under subsections (1) and (2) may be assessed against

  6  the parties according to the laws of this state if the court

  7  has personal jurisdiction over the party against whom these

  8  expenses are being assessed.

  9         (4)  A court of this state shall preserve the

10  pleadings, orders, decrees, records of hearings, evaluations,

11  and other pertinent records with respect to a child custody

12  proceeding until the child attains 18 years of age. Upon

13  appropriate request by a court or law enforcement official of

14  another state, the court shall forward a certified copy of

15  these records.

16         61.514  Initial child custody jurisdiction.--

17         (1)  Except as otherwise provided in s. 61.517, a court

18  of this state has jurisdiction to make an initial child

19  custody determination only if:

20         (a)  This state is the home state of the child on the

21  date of the commencement of the proceeding, or was the home

22  state of the child within 6 months before the commencement of

23  the proceeding and the child is absent from this state but a

24  parent or person acting as a parent continues to live in this

25  state;

26         (b)  A court of another state does not have

27  jurisdiction under paragraph (a), or a court of the home state

28  of the child has declined to exercise jurisdiction on the

29  grounds that this state is the more appropriate forum under s.

30  61.520 or s. 61.521, and:

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  1         1.  The child and the child's parents, or the child and

  2  at least one parent or a person acting as a parent, have a

  3  significant connection with this state other than mere

  4  physical presence; and

  5         2.  Substantial evidence is available in this state

  6  concerning the child's care, protection, training, and

  7  personal relationships;

  8         (c)  All courts having jurisdiction under paragraph (a)

  9  or paragraph (b) have declined to exercise jurisdiction on the

10  grounds that a court of this state is the more appropriate

11  forum to determine the custody of the child under s. 61.520 or

12  s. 61.521; or

13         (d)  No court of any other state would have

14  jurisdiction under the criteria specified in paragraph (a),

15  paragraph (b), or paragraph (c).

16         (2)  Subsection (1) is the exclusive jurisdictional

17  basis for making a child custody determination by a court of

18  this state.

19         (3)  Physical presence of, or personal jurisdiction

20  over, a party or a child is not necessary or sufficient to

21  make a child custody determination.

22         61.515  Exclusive, continuing jurisdiction.--

23         (1)  Except as otherwise provided in s. 61.517, a court

24  of this state which has made a child custody determination

25  consistent with s. 61.514 or s. 61.516 has exclusive,

26  continuing jurisdiction over the determination until:

27         (a)  A court of this state determines that the child,

28  the child's parents, and any person acting as a parent does

29  not have a significant connection with this state and that

30  substantial evidence is no longer available in this state

31

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  1  concerning the child's care, protection, training, and

  2  personal relationships; or

  3         (b)  A court of this state or a court of another state

  4  determines that the child, the child's parent, and any person

  5  acting as a parent does not presently reside in this state.

  6         (2)  A court of this state which has made a child

  7  custody determination and does not have exclusive, continuing

  8  jurisdiction under this section may modify that determination

  9  only if it has jurisdiction to make an initial determination

10  under s. 61.514.

11         61.516  Jurisdiction to modify a determination.--Except

12  as otherwise provided in s. 61.517, a court of this state may

13  not modify a child custody determination made by a court of

14  another state unless a court of this state has jurisdiction to

15  make an initial determination under s. 61.514(1)(a) or s.

16  61.514(1)(b) and:

17         (1)  The court of the other state determines it no

18  longer has exclusive, continuing jurisdiction under s. 61.515

19  or that a court of this state would be a more convenient forum

20  under s. 61.520; or

21         (2)  A court of this state or a court of the other

22  state determines that the child, the child's parents, and any

23  person acting as a parent does not presently reside in the

24  other state.

25         61.517  Temporary emergency jurisdiction.--

26         (1)  A court of this state has temporary emergency

27  jurisdiction if the child is present in this state and the

28  child has been abandoned or it is necessary in an emergency to

29  protect the child because the child, or a sibling or parent of

30  the child, is subjected to or threatened with mistreatment or

31  abuse.

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  1         (2)  If there is no previous child custody

  2  determination that is entitled to be enforced under this part,

  3  and a child custody proceeding has not been commenced in a

  4  court of a state having jurisdiction under ss. 61.514-61.616,

  5  a child custody determination made under this section remains

  6  in effect until an order is obtained from a court of a state

  7  having jurisdiction under ss. 61.514-61.516. If a child

  8  custody proceeding has not been or is not commenced in a court

  9  of a state having jurisdiction under ss. 61.514-61.516, a

10  child custody determination made under this section becomes a

11  final determination if it so provides and this state becomes

12  the home state of the child.

13         (3)  If there is a previous child custody determination

14  that is entitled to be enforced under this part, or a child

15  custody proceeding has been commenced in a court of a state

16  having jurisdiction under ss. 61.514-61.516, any order issued

17  by a court of this state under this section must specify in

18  the order a period that the court considers adequate to allow

19  the person seeking an order to obtain an order from the state

20  having jurisdiction under ss. 61.514-61.516. The order issued

21  in this state remains in effect until an order is obtained

22  from the other state within the period specified or the period

23  expires.

24         (4)  A court of this state which has been asked to make

25  a child custody determination under this section, upon being

26  informed that a child custody proceeding has been commenced

27  in, or a child custody determination has been made by, a court

28  of a state having jurisdiction under ss. 61.514-61.516, shall

29  immediately communicate with the other court. A court of this

30  state which is exercising jurisdiction under ss.

31  61.514-61.516, upon being informed that a child custody

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  1  proceeding has been commenced in, or a child custody

  2  determination has been made by, a court of another state under

  3  a statute similar to this section shall immediately

  4  communicate with the court of that state to resolve the

  5  emergency, protect the safety of the parties and the child,

  6  and determine a period for the duration of the temporary

  7  order.

  8         61.518  Notice; opportunity to be heard; joinder.--

  9         (1)  Before a child custody determination is made under

10  this part, notice and an opportunity to be heard in accordance

11  with the standards of s. 61.509 must be given to all persons

12  entitled to notice under the laws of this state as in child

13  custody proceedings between residents of this state, any

14  parent whose parental rights have not been previously

15  terminated, and any person acting as a parent.

16         (2)  This part does not govern the enforceability of a

17  child custody determination made without notice or an

18  opportunity to be heard.

19         (3)  The obligation to join a party and the right to

20  intervene as a party in a child custody proceeding under this

21  part are governed by the laws of this state as in child

22  custody proceedings between residents of this state.

23         61.519  Simultaneous proceedings.--

24         (1)  Except as otherwise provided in s. 61.517, a court

25  of this state may not exercise its jurisdiction under ss.

26  61.514-61.524 if, at the time of the commencement of the

27  proceeding, a proceeding concerning the custody of the child

28  had been commenced in a court of another state having

29  jurisdiction substantially in conformity with this part,

30  unless the proceeding has been terminated or is stayed by the

31

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  1  court of the other state because a court of this state is a

  2  more convenient forum under s. 61.520.

  3         (2)  Except as otherwise provided in s. 61.517, a court

  4  of this state, before hearing a child custody proceeding,

  5  shall examine the court documents and other information

  6  supplied by the parties pursuant to s. 61.522. If the court

  7  determines that a child custody proceeding was previously

  8  commenced in a court in another state having jurisdiction

  9  substantially in accordance with this part, the court of this

10  state shall stay its proceeding and communicate with the court

11  of the other state. If the court of the state having

12  jurisdiction substantially in accordance with this part does

13  not determine that the court of this state is a more

14  appropriate forum, the court of this state shall dismiss the

15  proceeding.

16         (3)  In a proceeding to modify a child custody

17  determination, a court of this state shall determine whether a

18  proceeding to enforce the determination has been commenced in

19  another state. If a proceeding to enforce a child custody

20  determination has been commenced in another state, the court

21  may:

22         (a)  Stay the proceeding for modification pending the

23  entry of an order of a court of the other state enforcing,

24  staying, denying, or dismissing the proceeding for

25  enforcement;

26         (b)  Enjoin the parties from continuing with the

27  proceeding for enforcement; or

28         (c)  Proceed with the modification under conditions it

29  considers appropriate.

30         61.520  Inconvenient forum.--

31

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  1         (1)  A court of this state which has jurisdiction under

  2  this part to make a child custody determination may decline to

  3  exercise its jurisdiction at any time if it determines that it

  4  is an inconvenient forum under the circumstances and that a

  5  court of another state is a more appropriate forum. The issue

  6  of inconvenient forum may be raised upon motion of a party,

  7  the court's own motion, or request of another court.

  8         (2)  Before determining whether it is an inconvenient

  9  forum, a court of this state shall consider whether it is

10  appropriate for a court of another state to exercise

11  jurisdiction. For this purpose, the court shall allow the

12  parties to submit information and shall consider all relevant

13  factors, including:

14         (a)  Whether domestic violence has occurred and is

15  likely to continue in the future and which state could best

16  protect the parties and the child;

17         (b)  The length of time the child has resided outside

18  this state;

19         (c)  The distance between the court in this state and

20  the court in the state that would assume jurisdiction;

21         (d)  The relative financial circumstances of the

22  parties;

23         (e)  Any agreement of the parties as to which state

24  should assume jurisdiction;

25         (f)  The nature and location of the evidence required

26  to resolve the pending litigation, including testimony of the

27  child;

28         (g)  The ability of the court of each state to decide

29  the issue expeditiously and the procedures necessary to

30  present the evidence; and

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  1         (h)  The familiarity of the court of each state with

  2  the facts and issues in the pending litigation.

  3         (3)  If a court of this state determines that it is an

  4  inconvenient forum and that a court of another state is a more

  5  appropriate forum, it shall stay the proceedings upon

  6  condition that a child custody proceeding be promptly

  7  commenced in another designated state and may impose any other

  8  condition the court considers just and proper.

  9         (4)  A court of this state may decline to exercise its

10  jurisdiction under this part if a child custody determination

11  is incidental to an action for divorce or another proceeding

12  while still retaining jurisdiction over the divorce or other

13  proceeding.

14         61.521  Jurisdiction declined by reason of conduct.--

15         (1)  Except as otherwise provided in s. 61.517 or by

16  other law of this state, if a court of this state has

17  jurisdiction under this part because a person seeking to

18  invoke its jurisdiction has engaged in unjustifiable conduct,

19  the court shall decline to exercise its jurisdiction unless:

20         (a)  The parents and all persons acting as parents have

21  acquiesced in the exercise of jurisdiction;

22         (b)  A court of the state otherwise having jurisdiction

23  under ss. 61.514-61.516 determines that this state is a more

24  appropriate forum under s. 61.520; or

25         (c)  No court of any other state would have

26  jurisdiction under the criteria specified in ss.

27  61.514-61.516.

28         (2)  If a court of this state declines to exercise its

29  jurisdiction under subsection (1), it may fashion an

30  appropriate remedy to ensure the safety of the child and

31  prevent a repetition of the unjustifiable conduct, including

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  1  staying the proceeding until a child custody proceeding is

  2  commenced in a court having jurisdiction under ss.

  3  61.514-61.516.

  4         (3)  If a court dismisses a petition or stays a

  5  proceeding because it declines to exercise its jurisdiction

  6  under subsection (1), it shall assess against the party

  7  seeking to invoke its jurisdiction necessary and reasonable

  8  expenses, including costs, communication expenses, attorney's

  9  fees, investigative fees, expenses for witnesses, travel

10  expenses, and expenses for child care during the course of the

11  proceedings, unless the party from whom fees are sought

12  establishes that the assessment would be clearly

13  inappropriate. The court may not assess fees, costs, or

14  expenses against this state unless authorized by law other

15  than this part.

16         61.522  Information to be submitted to the court.--

17         (1)  Subject to Florida law providing for the

18  confidentiality of procedures, addresses, and other

19  identifying information in a child custody proceeding, each

20  party, in its first pleading or in an attached affidavit,

21  shall give information, if reasonably ascertainable, under

22  oath as to the child's present address or whereabouts, the

23  places where the child has lived during the last 5 years, and

24  the names and present addresses of the persons with whom the

25  child has lived during that period. The pleading or affidavit

26  must state whether the party:

27         (a)  Has participated, as a party or witness or in any

28  other capacity, in any other proceeding concerning the custody

29  of or visitation with the child and, if so, identify the

30  court, the case number, and the date of the child custody

31  determination, if any;

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  1         (b)  Knows of any proceeding that could affect the

  2  current proceeding, including proceedings for enforcement and

  3  proceedings relating to domestic violence, protective orders,

  4  termination of parental rights, and adoptions and, if so,

  5  identify the court, the case number, and the nature of the

  6  proceeding; and

  7         (c)  Knows the names and addresses of any person not a

  8  party to the proceeding who has physical custody of the child

  9  or claims rights of legal custody or physical custody of, or

10  visitation with, the child and, if so, the names and addresses

11  of those persons.

12         (2)  If the information required by subsection (1) is

13  not furnished, the court, upon motion of a party or its own

14  motion, may stay the proceeding until the information is

15  furnished.

16         (3)  If the declaration as to any of the items

17  described in paragraphs (1)(a)-(c) is in the affirmative, the

18  declarant shall give additional information under oath as

19  required by the court. The court may examine the parties under

20  oath as to details of the information furnished and other

21  matters pertinent to the court's jurisdiction and the

22  disposition of the case.

23         (4)  Each party has a continuing duty to inform the

24  court of any proceeding in this or any other state which could

25  affect the current proceeding.

26         61.523  Appearance of parties and child.--

27         (1)  In a child custody proceeding in this state, the

28  court may order a party to the proceeding who is in this state

29  to appear before the court in person with or without the

30  child. The court may order any person who is in this state and

31

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  1  who has physical custody or control of the child to appear in

  2  person with the child.

  3         (2)  If a party to a child custody proceeding whose

  4  presence is desired by the court is outside this state, the

  5  court may order that a notice given pursuant to s. 61.509

  6  include a statement directing the party to appear in person

  7  with or without the child and informing the party that failure

  8  to appear may result in a decision adverse to the party.

  9         (3)  The court may enter any orders necessary to ensure

10  the safety of the child and of any person ordered to appear

11  under this section.

12         (4)  If a party to a child custody proceeding who is

13  outside this state is directed to appear under subsection (2)

14  or desires to appear in person before the court with or

15  without the child, the court may require another party to pay

16  reasonable and necessary travel and other expenses of the

17  party so appearing and of the child.

18         61.524  Definitions.--As used in ss. 61.524-61.540, the

19  term:

20         (1)  "Petitioner" means a person who seeks enforcement

21  of an order for return of a child under the Hague Convention

22  on the Civil Aspects of International Child Abduction or

23  enforcement of a child custody determination.

24         (2)  "Respondent" means a person against whom a

25  proceeding has been commenced for enforcement of an order for

26  return of a child under the Hague Convention on the Civil

27  Aspects of International Child Abduction or enforcement of a

28  child custody determination.

29         61.525  Enforcement under the Hague Convention.--Under

30  this part, a court of this state may enforce an order for the

31  return of a child made under the Hague Convention on the Civil

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  1  Aspects of International Child Abduction as if it were a child

  2  custody determination.

  3         61.526  Duty to enforce.--

  4         (1)  A court of this state shall recognize and enforce

  5  a child custody determination of a court of another state if

  6  the latter court exercised jurisdiction in substantial

  7  conformity with this part or the determination was made under

  8  factual circumstances meeting the jurisdictional standards of

  9  this part and the determination has not been modified in

10  accordance with this part.

11         (2)  A court of this state may use any remedy available

12  under other laws of this state to enforce a child custody

13  determination made by a court of another state. The remedies

14  provided by ss. 61.524-61.540 are cumulative and do not affect

15  the availability of other remedies to enforce a child custody

16  determination.

17         61.527  Temporary visitation.--

18         (1)  A court of this state which does not have

19  jurisdiction to modify a child custody determination may issue

20  a temporary order enforcing:

21         (a)  A visitation schedule made by a court of another

22  state; or

23         (b)  The visitation provisions of a child custody

24  determination of another state which does not provide for a

25  specific visitation schedule.

26         (2)  If a court of this state makes an order under

27  paragraph (1)(b), it shall specify in the order a period that

28  it considers adequate to allow the petitioner to obtain an

29  order from a court having jurisdiction under the criteria

30  specified in ss. 61.514-61.523. The order remains in effect

31

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  1  until an order is obtained from the other court or the period

  2  expires.

  3         61.528  Registration of child custody determination.--

  4         (1)  A child custody determination issued by a court of

  5  another state may be registered in this state, with or without

  6  a simultaneous request for enforcement, by sending to the

  7  circuit court of the county where the petitioner or respondent

  8  resides or where a simultaneous request for enforcement is

  9  sought:

10         (a)  A letter or other document requesting

11  registration;

12         (b)  Two copies, including one certified copy, of the

13  determination sought to be registered and a statement under

14  penalty of perjury that, to the best of the knowledge and

15  belief of the person seeking registration, the order has not

16  been modified; and

17         (c)  Except as otherwise provided in s. 61.522, the

18  name and address of the person seeking registration and any

19  parent or person acting as a parent who has been awarded

20  custody or visitation in the child custody determination

21  sought to be registered.

22         (2)  On receipt of the documents required by subsection

23  (1), the registering court shall:

24         (a)  Cause the determination to be filed as a foreign

25  judgment, together with one copy of any accompanying documents

26  and information, regardless of their form; and

27         (b)  Serve notice upon the persons named pursuant to

28  paragraph (1)(c) and provide them with an opportunity to

29  contest the registration in accordance with this section.

30         (3)  The notice required by paragraph (2)(b) must state

31  that:

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  1         (a)  A registered determination is enforceable as of

  2  the date of the registration in the same manner as a

  3  determination issued by a court of this state;

  4         (b)  A hearing to contest the validity of the

  5  registered determination must be requested within 20 days

  6  after service of notice; and

  7         (c)  Failure to contest the registration will result in

  8  confirmation of the child custody determination and preclude

  9  further contest of that determination with respect to any

10  matter that could have been asserted.

11         (4)  A person seeking to contest the validity of a

12  registered order must request a hearing within 20 days after

13  service of the notice. At that hearing, the court shall

14  confirm the registered order unless the person contesting

15  registration establishes that:

16         (a)  The issuing court did not have jurisdiction under

17  ss. 61.514-61.523;

18         (b)  The child custody determination sought to be

19  registered has been vacated, stayed, or modified by a court

20  having jurisdiction to do so under ss. 61.514-61.523; or

21         (c)  The person contesting registration was entitled to

22  notice, but notice was not given in accordance with the

23  standards of s. 61.509 in the proceedings before the court

24  that issued the order for which registration is sought.

25         (5)  If a timely request for a hearing to contest the

26  validity of the registration is not made, the registration is

27  confirmed as a matter of law and the person requesting

28  registration and all persons served must be notified of the

29  confirmation.

30         (6)  Confirmation of a registered order, whether by

31  operation of law or after notice and hearing, precludes

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  1  further contest of the order with respect to any matter that

  2  could have been asserted at the time of registration.

  3         61.529  Enforcement of registered determination.--

  4         (1)  A court of this state may grant any relief

  5  normally available under the laws of this state to enforce a

  6  registered child custody determination made by a court of

  7  another state.

  8         (2)  A court of this state shall recognize and enforce

  9  but may not modify, except in accordance with ss.

10  61.514-61.523, a registered child custody determination of

11  another state.

12         61.530  Simultaneous proceedings.--If a proceeding for

13  enforcement under ss. 61.524-61.540 is commenced in a court of

14  this state and the court determines that a proceeding to

15  modify the determination is pending in a court of another

16  state having jurisdiction to modify the determination under

17  ss. 61.514-61.523, the enforcing court shall immediately

18  communicate with the modifying court. The proceeding for

19  enforcement continues unless the enforcing court, after

20  consultation with the modifying court, stays or dismisses the

21  proceeding.

22         61.531  Expedited enforcement of child custody

23  determination.--

24         (1)  A petition under ss. 61.524-61.540 must be

25  verified. Certified copies of all orders sought to be enforced

26  and of any order confirming registration must be attached to

27  the petition. A copy of a certified copy of an order may be

28  attached instead of the original.

29         (2)  A petition for enforcement of a child custody

30  determination must state:

31

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  1         (a)  Whether the court that issued the determination

  2  identified the jurisdictional basis it relied upon in

  3  exercising jurisdiction and, if so, specify the basis;

  4         (b)  Whether the determination for which enforcement is

  5  sought has been vacated, stayed, or modified by a court whose

  6  decision must be enforced under this part and, if so, identify

  7  the court, the case number, and the nature of the proceeding;

  8         (c)  Whether any proceeding has been commenced that

  9  could affect the current proceeding, including proceedings

10  relating to domestic violence, protective orders, termination

11  of parental rights, and adoptions and, if so, identify the

12  court, the case number, and the nature of the proceeding;

13         (d)  The present physical address of the child and the

14  respondent, if known;

15         (e)  Whether relief in addition to the immediate

16  physical custody of the child and attorney's fees is sought,

17  including a request for assistance from law enforcement

18  officers and, if so, the relief sought; and

19         (f)  If the child custody determination has been

20  registered and confirmed under s. 61.528, the date and place

21  of registration.

22         (3)  Upon the filing of a petition, the court shall

23  issue an order directing the respondent to appear in person

24  with or without the child at a hearing and may enter any order

25  necessary to ensure the safety of the parties and the child.

26  The hearing must be held on the next judicial day after

27  service of the order unless that date is impossible. In that

28  event, the court shall hold the hearing on the first judicial

29  day possible. The court may extend the date of the hearing at

30  the request of the petitioner.

31

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  1         (4)  An order issued under subsection (3) must state

  2  the time and place of the hearing and advise the respondent

  3  that at the hearing the court will order that the petitioner

  4  may take immediate physical custody of the child and the

  5  payment of fees, costs, and expenses under s. 61.535 and may

  6  schedule a hearing to determine whether further relief is

  7  appropriate, unless the respondent appears and establishes

  8  that:

  9         (a)  The child custody determination has not been

10  registered and confirmed under s. 61.528 and that:

11         1.  The issuing court did not have jurisdiction under

12  ss. 61.514-61.523;

13         2.  The child custody determination for which

14  enforcement is sought has been vacated, stayed, or modified by

15  a court of a state having jurisdiction to do so under ss.

16  61.514-61.523; or

17         3.  The respondent was entitled to notice, but notice

18  was not given in accordance with the standards of s. 61.509 in

19  the proceedings before the court that issued the order for

20  which enforcement is sought; or

21         (b)  The child custody determination for which

22  enforcement is sought was registered and confirmed under s.

23  61.528, but has been vacated, stayed, or modified by a court

24  of a state having jurisdiction to do so under ss.

25  61.514-61.523.

26         61.532  Service of petition and order.--Except as

27  otherwise provided in s. 61.534, the petition and order must

28  be served by any method authorized by the laws of this state

29  upon the respondent and any person who has physical custody of

30  the child.

31         61.533  Hearing and order.--

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  1         (1)  Unless the court enters a temporary emergency

  2  order under s. 61.517, upon a finding that a petitioner is

  3  entitled to immediate physical custody of the child, the court

  4  shall order that the petitioner may take immediate physical

  5  custody of the child unless the respondent establishes that:

  6         (a)  The child custody determination has not been

  7  registered and confirmed under s. 61.528 and that:

  8         1.  The issuing court did not have jurisdiction under

  9  ss. 61.514-61.523;

10         2.  The child custody determination for which

11  enforcement is sought has been vacated, stayed, or modified by

12  a court of a state having jurisdiction to do so under ss.

13  61.514-61.523; or

14         3.  The respondent was entitled to notice, but notice

15  was not given in accordance with the standards of s. 61.509 in

16  the proceedings before the court that issued the order for

17  which enforcement is sought; or

18         (b)  The child custody determination for which

19  enforcement is sought was registered and confirmed under s.

20  61.528, but has been vacated, stayed, or modified by a court

21  of a state having jurisdiction to do so under ss.

22  61.514-61.523.

23         (2)  The court shall award the fees, costs, and

24  expenses authorized under s. 61.535 and may grant additional

25  relief, including a request for the assistance of law

26  enforcement officers, and set a further hearing to determine

27  whether additional relief is appropriate.

28         (3)  If a party called to testify refuses to answer on

29  the ground that the testimony may be self-incriminating, the

30  court may draw an adverse inference from the refusal.

31

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  1         (4)  A privilege against disclosure of communications

  2  between spouses and a defense of immunity based on the

  3  relationship of husband and wife or parent and child may not

  4  be invoked in a proceeding under ss. 61.524-61.540.

  5         61.534  Warrant to take physical custody of child.--

  6         (1)  Upon the filing of a petition seeking enforcement

  7  of a child custody determination, the petitioner may file a

  8  verified application for the issuance of a warrant to take

  9  physical custody of the child if the child is likely to

10  imminently suffer serious physical harm or removal from this

11  state.

12         (2)  If the court, upon the testimony of the petitioner

13  or other witness, finds that the child is likely to imminently

14  suffer serious physical harm or removal from this state, it

15  may issue a warrant to take physical custody of the child. The

16  petition must be heard on the next judicial day after the

17  warrant is executed unless that date is impossible. In that

18  event, the court shall hold the hearing on the first judicial

19  day possible. The application for the warrant must include the

20  statements required by s. 61.531(2).

21         (3)  A warrant to take physical custody of a child

22  must:

23         (a)  Recite the facts upon which a conclusion of

24  imminent serious physical harm or removal from the

25  jurisdiction is based;

26         (b)  Direct law enforcement officers to take physical

27  custody of the child immediately; and

28         (c)  Provide for the placement of the child pending

29  final relief.

30

31

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  1         (4)  The respondent must be served with the petition,

  2  warrant, and order immediately after the child is taken into

  3  physical custody.

  4         (5)  A warrant to take physical custody of a child is

  5  enforceable throughout this state. If the court finds on the

  6  basis of the testimony of the petitioner or other witness that

  7  a less intrusive remedy is not effective, it may authorize law

  8  enforcement officers to enter private property to take

  9  physical custody of the child. If required by exigent

10  circumstances of the case, the court may authorize law

11  enforcement officers to make a forcible entry at any hour.

12         (6)  The court may impose conditions upon placement of

13  a child to ensure the appearance of the child and the child's

14  custodian.

15         61.535  Costs, fees, and expenses.--

16         (1)  So long as the court has personal jurisdiction

17  over the party against whom the expenses are being assessed,

18  the court shall award the prevailing party, including a state,

19  necessary and reasonable expenses incurred by or on behalf of

20  the party, including costs, communication expenses, attorney's

21  fees, investigative fees, expenses for witnesses, travel

22  expenses, and expenses for child care during the course of the

23  proceedings, unless the party from whom fees or expenses are

24  sought establishes that the award would be clearly

25  inappropriate.

26         (2)  The court may not assess fees, costs, or expenses

27  against a state unless authorized by law other than this part.

28         61.536  Recognition and enforcement.--A court of this

29  state shall accord full faith and credit to an order issued by

30  another state and consistent with this part which enforces a

31  child custody determination by a court of another state unless

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  1  the order has been vacated, stayed, or modified by a court

  2  having jurisdiction to do so under ss. 61.514-61.523.

  3         61.537  Appeals.--An appeal may be taken from a final

  4  order in a proceeding under ss. 61.524-61.640 in accordance

  5  with expedited appellate procedures in other civil cases.

  6  Unless the court enters a temporary emergency order under s.

  7  61.517, the enforcing court may not stay an order enforcing a

  8  child custody determination pending appeal.

  9         61.538  Role of state attorney.--

10         (1)  In a case arising under this part or involving the

11  Hague Convention on the Civil Aspects of International Child

12  Abduction, the state attorney may take any lawful action,

13  including resort to a proceeding under ss. 61.524-61.540 or

14  any other available civil proceeding, to locate a child,

15  obtain the return of a child, or enforce a child custody

16  determination, if there is:

17         (a)  An existing child custody determination;

18         (b)  A request to do so from a court in a pending child

19  custody proceeding;

20         (c)  A reasonable belief that a criminal statute has

21  been violated; or

22         (d)  A reasonable belief that the child has been

23  wrongfully removed or retained in violation of the Hague

24  Convention on the Civil Aspects of International Child

25  Abduction.

26         (2)  A state attorney acting under this section acts on

27  behalf of the court and may not represent any party.

28         61.539  Role of law enforcement officers.--At the

29  request of a state attorney acting under s. 61.538, a law

30  enforcement officer may take any lawful action reasonably

31

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  1  necessary to locate a child or a party and assist a state

  2  attorney with responsibilities under s. 61.538.

  3         61.540  Costs and expenses.--The court may assess

  4  against the nonprevailing party all direct expenses and costs

  5  incurred by the state attorney and law enforcement officers

  6  under s. 61.538 or s. 61.539 so long as the court has personal

  7  jurisdiction over the nonprevailing party.

  8         61.541  Application and construction.--In applying and

  9  construing this part, consideration must be given to the need

10  to promote uniformity of the law with respect to its subject

11  matter among states that enact it.

12         61.542  Transitional provision.--A motion or other

13  request for relief made in a child custody proceeding or to

14  enforce a child custody determination that was commenced

15  before the effective date of this part is governed by the law

16  in effect at the time the motion or other request was made.

17         Section 23.  Subsection (7) of section 63.052, Florida

18  Statutes, is amended to read:

19         63.052  Guardians designated; proof of commitment.--

20         (7)  The court retains jurisdiction of a minor who has

21  been placed for adoption until the adoption is final. After a

22  minor is placed with an adoption entity or prospective

23  adoptive parent, the court may review the status of the minor

24  and the progress toward permanent adoptive placement. As part

25  of this continuing jurisdiction, for good cause shown by a

26  person whose consent to an adoption is required under s.

27  63.062, the adoption entity, the parents, persons having legal

28  custody of the minor, persons with custodial or visitation

29  rights to the minor, persons entitled to notice pursuant to

30  the Uniform Child Custody Jurisdiction and Enforcement Act or

31  the Indian Child Welfare Act, or upon the court's own motion,

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  1  the court may review the appropriateness of the adoptive

  2  placement of the minor.

  3         Section 24.  Paragraph (f) of subsection (6) of section

  4  63.087, Florida Statutes, is amended to read:

  5         63.087  Proceeding to terminate parental rights pending

  6  adoption; general provisions.--

  7         (6)  PETITION.--

  8         (f)  The petition must include:

  9         1.  The minor's name, gender, date of birth, and place

10  of birth. The petition must contain all names by which the

11  minor is or has been known, excluding the minor's prospective

12  adoptive name but including the minor's legal name at the time

13  of the filing of the petition, to allow interested parties to

14  the action, including parents, persons having legal custody of

15  the minor, persons with custodial or visitation rights to the

16  minor, and persons entitled to notice pursuant to the Uniform

17  Child Custody Jurisdiction and Enforcement Act or the Indian

18  Child Welfare Act, to identify their own interest in the

19  action.

20         2.  If the petition is filed before the day the minor

21  is 6 months old and if the identity or location of the father

22  is unknown, each city in which the mother resided or traveled,

23  in which conception may have occurred, during the 12 months

24  before the minor's birth, including the county and state in

25  which that city is located.

26         3.  Unless a consent to adoption or affidavit of

27  nonpaternity executed by each person whose consent is required

28  under s. 63.062 is attached to the petition, the name and the

29  city of residence, including the county and state in which

30  that city is located, of:

31         a.  The minor's mother;

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  1         b.  Any man who the mother reasonably believes may be

  2  the minor's father; and

  3         c.  Any person who has legal custody, as defined in s.

  4  39.01, of the minor.

  5

  6  If a required name or address is not known, the petition must

  7  so state.

  8         4.  All information required by the Uniform Child

  9  Custody Jurisdiction and Enforcement Act and the Indian Child

10  Welfare Act.

11         5.  A statement of the grounds under s. 63.089 upon

12  which the petition is based.

13         6.  The name, address, and telephone number of any

14  adoption entity seeking to place the minor for adoption.

15         7.  The name, address, and telephone number of the

16  division of the circuit court in which the petition is to be

17  filed.

18         8.  A certification of compliance with the requirements

19  of s. 63.0425 regarding notice to grandparents of an impending

20  adoption.

21         Section 25.  Subsection (2) of section 63.102, Florida

22  Statutes, is amended to read:

23         63.102  Filing of petition for adoption or declaratory

24  statement; venue; proceeding for approval of fees and costs.--

25         (2)  A petition for adoption or for a declaratory

26  statement as to the adoption contract shall be filed in the

27  county where the petition for termination of parental rights

28  was granted, unless the court, in accordance with s. 47.122,

29  changes the venue to the county where the petitioner or

30  petitioners or the minor resides or where the adoption entity

31  with which the minor has been placed is located. The circuit

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  1  court in this state must retain jurisdiction over the matter

  2  until a final judgment is entered on the adoption. The Uniform

  3  Child Custody Jurisdiction and Enforcement Act does not apply

  4  until a final judgment is entered on the adoption.

  5         Section 26.  Section 741.24, Florida Statutes, is

  6  transferred and renumbered as section 772.115, Florida

  7  Statutes.

  8         Section 27.  Section 741.28, Florida Statutes, is

  9  amended to read:

10         741.28  Domestic violence; definitions.--As used in ss.

11  741.28-741.31, the term:

12         (1)  "Department" means the Florida Department of Law

13  Enforcement.

14         (2)(1)  "Domestic violence" means any assault,

15  aggravated assault, battery, aggravated battery, sexual

16  assault, sexual battery, stalking, aggravated stalking,

17  kidnapping, false imprisonment, or any criminal offense

18  resulting in physical injury or death of one family or

19  household member by another who is or was residing in the same

20  single dwelling unit.

21         (3)(2)  "Family or household member" means spouses,

22  former spouses, persons related by blood or marriage, persons

23  who are presently residing together as if a family or who have

24  resided together in the past as if a family, and persons who

25  are parents of have a child in common regardless of whether

26  they have been married or have resided together at any time.

27  With the exception of persons who are parents of a child in

28  common, the family or household members must be currently

29  residing or have in the past resided together in the same

30  single dwelling unit.

31

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  1         (3)  "Department" means the Florida Department of Law

  2  Enforcement.

  3         (4)  "Law enforcement officer" means any person who is

  4  elected, appointed, or employed by any municipality or the

  5  state or any political subdivision thereof who meets the

  6  minimum qualifications established in s. 943.13 and is

  7  certified as a law enforcement officer under s. 943.1395.

  8         Section 28.  Paragraph (d) of subsection (3),

  9  subsection (4), paragraph (a) of subsection (5), paragraph (a)

10  of subsection (6), and paragraph (a) of subsection (7) of

11  section 741.30, Florida Statutes, are amended to read:

12         741.30  Domestic violence; injunction; powers and

13  duties of court and clerk; petition; notice and hearing;

14  temporary injunction; issuance of injunction; statewide

15  verification system; enforcement.--

16         (3)

17         (d)  If the sworn petition seeks to determine issues of

18  custody or visitation with regard to the minor child or

19  children of the parties, the sworn petition shall be

20  accompanied by or shall incorporate the allegations required

21  by s. 61.522 s. 61.132 of the Uniform Child Custody

22  Jurisdiction and Enforcement Act.

23         (4)  Upon the filing of the petition, the court shall

24  set a hearing to be held at the earliest possible time. The

25  respondent shall be personally served with a copy of the

26  petition, financial affidavit, affidavit required under the

27  Uniform Child Custody Jurisdiction and Enforcement Act

28  affidavit, if any, notice of hearing, and temporary

29  injunction, if any, prior to the hearing.

30         (5)(a)  When it appears to the court that an immediate

31  and present danger of domestic violence exists, the court may

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  1  grant a temporary injunction ex parte, pending a full hearing,

  2  and may grant such relief as the court deems proper, including

  3  an injunction:

  4         1.  Restraining the respondent from committing any acts

  5  of domestic violence.

  6         2.  Awarding to the petitioner the temporary exclusive

  7  use and possession of the dwelling that the parties share or

  8  excluding the respondent from the residence of the petitioner.

  9         3.  On the same basis as provided in s. 61.13 s.

10  61.13(2), (3), (4), and (5), granting to the petitioner

11  temporary custody of a minor child or children. An order of

12  temporary custody remains in effect until the order expires or

13  a permanent order is entered by a court of competent

14  jurisdiction in a pending or subsequent civil action or

15  proceeding affecting the placement of, access to, parental

16  time with, or parental responsibility for the minor child.

17         (6)(a)  Upon notice and hearing, the court may grant

18  such relief as the court deems proper, including an

19  injunction:

20         1.  Restraining the respondent from committing any acts

21  of domestic violence.

22         2.  Awarding to the petitioner the exclusive use and

23  possession of the dwelling that the parties share or excluding

24  the respondent from the residence of the petitioner.

25         3.  On the same basis as provided in chapter 61,

26  awarding temporary custody of, or temporary visitation rights

27  with regard to, a minor child or children of the parties. An

28  order of temporary custody or visitation remains in effect

29  until the order expires or a permanent order is entered by a

30  court of competent jurisdiction in a pending or subsequent

31  civil action or proceeding affecting the placement of, access

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  1  to, parental time with, or parental responsibility for the

  2  minor child.

  3         4.  On the same basis as provided in chapter 61,

  4  establishing temporary support for a minor child or children

  5  or the petitioner. An order of temporary support remains in

  6  effect until the order expires or a permanent order is entered

  7  by a court of competent jurisdiction in a pending or

  8  subsequent civil action or proceeding affecting child support.

  9         5.  Ordering the respondent to participate in

10  treatment, intervention, or counseling services to be paid for

11  by the respondent. When the court orders the respondent to

12  participate in a batterers' intervention program, the court,

13  or any entity designated by the court, must provide the

14  respondent with a list of all certified batterers'

15  intervention programs and all programs which have submitted an

16  application to the Department of Corrections to become

17  certified under s. 741.325, from which the respondent must

18  choose a program in which to participate. If there are no

19  certified batterers' intervention programs in the circuit, the

20  court shall provide a list of acceptable programs from which

21  the respondent must choose a program in which to participate.

22         6.  Referring a petitioner to a certified domestic

23  violence center. The court must provide the petitioner with a

24  list of certified domestic violence centers in the circuit

25  which the petitioner may contact.

26         7.  Ordering such other relief as the court deems

27  necessary for the protection of a victim of domestic violence,

28  including injunctions or directives to law enforcement

29  agencies, as provided in this section.

30         (7)(a)1.  The clerk of the court shall furnish a copy

31  of the petition, financial affidavit, uniform child custody

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  1  jurisdiction and enforcement act affidavit, if any, notice of

  2  hearing, and temporary injunction, if any, to the sheriff or a

  3  law enforcement agency of the county where the respondent

  4  resides or can be found, who shall serve it upon the

  5  respondent as soon thereafter as possible on any day of the

  6  week and at any time of the day or night. The clerk of the

  7  court shall be responsible for furnishing to the sheriff such

  8  information on the respondent's physical description and

  9  location as is required by the department to comply with the

10  verification procedures set forth in this section.

11  Notwithstanding any other provision of law to the contrary,

12  the chief judge of each circuit, in consultation with the

13  appropriate sheriff, may authorize a law enforcement agency

14  within the jurisdiction to effect service. A law enforcement

15  agency serving injunctions pursuant to this section shall use

16  service and verification procedures consistent with those of

17  the sheriff.

18         2.  When an injunction is issued, if the petitioner

19  requests the assistance of a law enforcement agency, the court

20  may order that an officer from the appropriate law enforcement

21  agency accompany the petitioner and assist in placing the

22  petitioner in possession of the dwelling or residence, or

23  otherwise assist in the execution or service of the

24  injunction. A law enforcement officer shall accept a copy of

25  an injunction for protection against domestic violence,

26  certified by the clerk of the court, from the petitioner and

27  immediately serve it upon a respondent who has been located

28  but not yet served.

29         3.  All orders issued, changed, continued, extended, or

30  vacated subsequent to the original service of documents

31  enumerated under subparagraph 1., shall be certified by the

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  1  clerk of the court and delivered to the parties at the time of

  2  the entry of the order.  The parties may acknowledge receipt

  3  of such order in writing on the face of the original order.

  4  In the event a party fails or refuses to acknowledge the

  5  receipt of a certified copy of an order, the clerk shall note

  6  on the original order that service was effected.  If delivery

  7  at the hearing is not possible, the clerk shall mail certified

  8  copies of the order to the parties at the last known address

  9  of each party.  Service by mail is complete upon mailing.

10  When an order is served pursuant to this subsection, the clerk

11  shall prepare a written certification to be placed in the

12  court file specifying the time, date, and method of service

13  and shall notify the sheriff.

14

15  If the respondent has been served previously with the

16  temporary injunction and has failed to appear at the initial

17  hearing on the temporary injunction, any subsequent petition

18  for injunction seeking an extension of time may be served on

19  the respondent by the clerk of the court by certified mail in

20  lieu of personal service by a law enforcement officer.

21         Section 29.  Sections 753.001, 753.002, and 753.004,

22  Florida Statutes, are repealed.

23         Section 30.  Sections 753.01, 753.02, 753.03, 753.04,

24  753.05, 753.06, 753.07, 753.08, and 753.09, Florida Statutes,

25  are created to read:

26         753.01  Supervised visitation programs; legislative

27  findings and intent.--The Legislature finds that there are

28  children in this state who have been adjudicated dependent by

29  the court and, as a result, are ordered into out-of-home

30  placements. The Legislature further finds that a large number

31  of children experience the separation or divorce of their

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  1  parents and that some of these children have been determined

  2  by the court to be at risk or are potentially at risk for

  3  physical, emotional, or sexual abuse; parental abduction;

  4  domestic violence; or other harm as a result of parental

  5  impairment due to substance abuse or other conditions. The

  6  Legislature also finds that exposing children to the parents'

  7  continuing conflicts is detrimental to the children. The

  8  Legislature recognizes the importance of maintaining contact

  9  between children and their nonresidential parents while

10  ensuring the safety of those children from further or

11  potential abuse, danger, or flight. The Legislature further

12  recognizes the importance of minimizing the circumstances in

13  which children are exposed to the parents' anger and disputes.

14  Supervised visitation programs provide a critically needed

15  service in offering children and nonresidential parents the

16  opportunity to maintain a relationship in a safe environment

17  and facilitating safe contact between perpetrators of domestic

18  violence and their children. By recognizing the necessity of

19  ensuring the safety of children, parents, and staff in child

20  visitations and exchanges and offering a quality service that

21  meets the multiple visitation and exchange needs of families,

22  parents, and courts, the Legislature intends, subject to

23  available funding, to provide for uniform standards,

24  strengthened security, training, and certification of the

25  supervised visitation programs in this state.

26         753.02  Definitions.--As used in this chapter, the

27  term:

28         (1)  "Client" means the residential parent,

29  nonresidential parent, caregiver, or child receiving services

30  under a supervised visitation program.

31

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  1         (2)  "Supervised exchange" means the supervision of the

  2  movement of the child from the residential parent to the

  3  nonresidential parent at the start of the visitation, and from

  4  the nonresidential parent back to the residential parent at

  5  the end of the visitation.

  6         (3)  "Supervised visitation" means the contact between

  7  a nonresidential parent and child which occurs in the presence

  8  of an independent third party.

  9         (4)  "Supervised visitation program" means a program

10  created to offer safe and structured supervised visitation and

11  supervised exchange.

12         753.03  Comprehensive standards for supervised

13  visitation programs.--

14         (1)  Standards shall be developed, pursuant to s.

15  753.09, for certifying supervised visitation programs in this

16  state to ensure the safety and quality of the program. These

17  standards are intended to provide a uniform set of guidelines

18  that will be used by all supervised visitation programs and be

19  required by the courts, the Department of Children and Family

20  Services, and other entities that refer families for

21  supervised visitation and supervised exchange services. The

22  standards developed must be comprehensive and address the

23  purpose, policies, standards of practice, program content,

24  security measures, qualifications of providers, training,

25  credentials of staff, information to be provided to the court

26  and by the court, data collection, and procedures for

27  supervised visitation programs.

28         (2)  These standards will form the basis for

29  certification of supervised visitation programs.

30         (3)  Before implementing a certification process, each

31  supervised visitation program is encouraged to voluntarily

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  1  comply with the comprehensive standards developed under s.

  2  753.09.

  3         753.04  Certification and monitoring of supervised

  4  visitation programs.--

  5         (1)  A process for certifying and monitoring the

  6  initial and ongoing compliance of a supervised visitation

  7  program with comprehensive standards developed under s. 753.09

  8  shall be phased in, contingent upon the allocation and

  9  availability of funds. The first phase of the certification

10  process must emphasize compliance with the standards relating

11  to security.

12         (2)  Once the certification process is fully

13  implemented, a supervised visitation program must be certified

14  in order to receive state or federal funds. A program must be

15  certified in order to be a program to which the court may

16  order parties for supervised visitation or supervised exchange

17  services.

18         753.05  Interim minimum standards for supervised

19  visitation programs.--

20         (1)  Until the comprehensive standards for supervised

21  visitation programs are developed under s. 753.03 and a

22  certification and monitoring process implemented, each

23  supervised visitation program must comply with the "Minimum

24  Standards for Supervised Visitation Programs Agreements"

25  adopted by the Supreme Court as an administrative order on

26  November 18, 1999. Pursuant to this order, each supervised

27  visitation program shall enter into an agreement with the

28  circuit court within that geographic jurisdiction attesting to

29  the program's willingness to comply with the standards.

30         (2)  Until the comprehensive standards for supervised

31  visitation programs are developed and a certification and

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  1  monitoring process implemented, a supervised visitation

  2  program may not receive grant funds for access and visitation

  3  under 42 U.S.C. s. 669b unless the program provides to the

  4  state agency responsible for administering the grant

  5  documentation verifying that the program has entered into an

  6  agreement with the circuit court as required under subsection

  7  (1). This subsection does not obligate the state agency

  8  responsible for administering the grant to certify compliance

  9  with the "Minimum Standards for Supervised Visitation Programs

10  Agreements."

11         753.06  Security in supervised visitation programs.--

12         (1)  Due to the volatile nature of the client

13  relationships that created the need for supervised visitation

14  and supervised exchange services, the security of each

15  supervised visitation program is a paramount element of the

16  program. Therefore, the safety of the clients and program

17  staff shall be intrinsic in all aspects of the standards,

18  emphasized in all training, and a precondition of the

19  certification of a program.

20         (2)  Each supervised visitation program is encouraged

21  to collaborate with local law enforcement agencies to

22  facilitate volunteerism by law enforcement officers at

23  supervised visitation programs using such mechanisms as those

24  provided under ss. 943.254 and 943.135(2) and using

25  administrative leave permitted for state employees who

26  participate in community service programs.

27         753.07  Training for supervised visitation

28  programs.--Contingent upon the allocation or availability of

29  funding, the Clearinghouse on Supervised Visitation shall

30  develop, maintain, and update competency-based training

31  materials for supervised visitation which are appropriate to

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  1  meet the training needs of program staff. The Clearinghouse on

  2  Supervised Visitation shall also provide training to staff of

  3  the supervised visitation programs and track staff who meet

  4  training requirements, to the extent permitted by available

  5  funding.

  6         753.08  Supervised visitation programs; data

  7  collection.--Contingent upon the allocation or availability of

  8  funding, the Clearinghouse on Supervised Visitation shall

  9  develop and implement a mechanism for collecting data on

10  supervised visitation and supervised exchange services

11  provided in this state. The Clearinghouse on Supervised

12  Visitation shall collaborate with the state chapter of the

13  Supervised Visitation Network in determining the necessary

14  data to be collected and developing the data-collection

15  mechanism to ensure the viability and reasonableness of the

16  data requirements. Each supervised visitation program shall

17  maintain and submit the identified data to the Clearinghouse

18  on Supervised Visitation. The Clearinghouse on Supervised

19  Visitation shall maintain these data and annually compile the

20  information and make it available to the President of the

21  Senate, the Speaker of the House of Representatives, the

22  courts, the Chief Justice of the Supreme Court, the Department

23  of Children and Family Services, and any other organization

24  represented on the advisory board provided for in s. 753.09.

25         753.09  Development of standards and a certification

26  process.--

27         (1)  The Clearinghouse on Supervised Visitation within

28  the Institute for Family Violence Studies of the Florida State

29  University School of Social Work shall develop the standards

30  for the supervised visitation program. The Clearinghouse on

31

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  1  Supervised Visitation shall use an advisory board to assist in

  2  developing the standards. The advisory board must include:

  3         (a)  Two members of the executive board of the state

  4  chapter of the Supervised Visitation Network, appointed by the

  5  president of the state chapter of the Supervised Visitation

  6  Network.

  7         (b)  A representative from the Office of the State

  8  Courts Administrator, appointed by the State Courts

  9  Administrator.

10         (c)  A representative from the Department of Children

11  and Family Services, appointed by the Secretary.

12         (d)  A representative from the Florida Coalition

13  Against Domestic Violence, appointed by the executive director

14  of the Florida Coalition Against Domestic Violence.

15         (e)  A representative from a state law enforcement

16  agency, appointed by the executive director of the Florida

17  Sheriffs Association.

18         (f)  A family law judge, appointed by the Chief Justice

19  of the Supreme Court.

20         (g)  Two representatives of supervised visitation

21  programs, appointed by the director of the clearinghouse.

22         (h)  A representative from the Junior League, selected

23  by the State Board of the Junior League.

24         (i)  A representative from the Commission on

25  Responsible Fatherhood.

26         (2)  The Clearinghouse on Supervised Visitation, with

27  consultation from the advisory board, shall also develop

28  criteria for approving or rejecting certification of a

29  supervised visitation program, a process for phasing in the

30  standards and certification process, and a recommendation for

31

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  1  the state entity that should be charged with certifying and

  2  monitoring supervised visitation programs.

  3         (3)  The Clearinghouse on Supervised Visitation shall

  4  submit a report to the President of the Senate, the Speaker of

  5  the House of Representatives, and the Chief Justice of the

  6  Supreme Court by December 31, 2003. The standards for

  7  supervised visitation programs and criteria for the

  8  certification process shall be adopted by rule by the state

  9  entity identified by the Legislature to be responsible for the

10  certification and monitoring process.

11         Section 31.  Paragraph (b) of subsection (6) of section

12  787.03, Florida Statutes, is amended to read:

13         787.03  Interference with custody.--

14         (6)

15         (b)  In order to gain the exemption conferred by

16  paragraph (a), a person who takes a child pursuant to this

17  subsection must:

18         1.  Within 10 days after taking the child, make a

19  report to the sheriff's office or state attorney's office for

20  the county in which the child resided at the time he or she

21  was taken, which report must include the name of the person

22  taking the child, the current address and telephone number of

23  the person and child, and the reasons the child was taken.

24         2.  Within a reasonable time after taking the child,

25  commence a custody proceeding that is consistent with the

26  federal Parental Kidnapping Prevention Act, 28 U.S.C. s.

27  1738A, or the Uniform Child Custody Jurisdiction and

28  Enforcement Act, ss. 61.501-61.542 ss. 61.1302-61.1348.

29         3.  Inform the sheriff's office or state attorney's

30  office for the county in which the child resided at the time

31

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  1  he or she was taken of any change of address or telephone

  2  number of the person and child.

  3         Section 32.  Present subsections (2), (3), and (4) of

  4  section 943.135, Florida Statutes, are redesignated as

  5  subsections (3), (4), and (5), respectively, and a new

  6  subsection (2) is added to that section, to read:

  7         943.135  Requirements for continued employment.--

  8         (2)  The commission shall permit an employing agency to

  9  allow an officer to meet up to 3 hours of the 40 hours of

10  required continuing education and training by volunteering at

11  a community-based, not-for-profit organization that serves

12  children or families who have experienced or are at risk for

13  child abuse or domestic violence, including, but not limited

14  to, a supervised visitation program as provided for in chapter

15  753. This special population poses complex challenges to law

16  enforcement officers. Continuing education and training

17  through community service provides a unique learning

18  opportunity for officers to understand the special needs of

19  this group of constituents, build community relations, and

20  provide a visible presence of law enforcement officers in the

21  community. Volunteer time applied as continuing education and

22  training under this subsection may include time spent in

23  providing security services but does not substitute for the

24  continuing education in domestic violence required under s.

25  943.1701.

26         Section 33.  Subsection (2) of section 943.171, Florida

27  Statutes, is amended to read:

28         943.171  Basic skills training in handling domestic

29  violence cases.--

30         (2)  As used in this section, the term:

31

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  1         (a)  "Domestic violence" has the same meaning ascribed

  2  in s. 741.28 means any assault, battery, sexual assault,

  3  sexual battery, or any criminal offense resulting in the

  4  physical injury or death of one family or household member by

  5  another who is or was residing in the same single dwelling

  6  unit.

  7         (b)  "Household member" has the same meaning ascribed

  8  in s. 741.28 means spouse, former spouse, persons related by

  9  blood or marriage, persons who are presently residing

10  together, as if a family, or who have resided together in the

11  past, as if a family, and persons who have a child in common

12  regardless of whether they have been married or have resided

13  together at any time.

14         Section 34.  Section 943.254, Florida Statutes, is

15  created to read:

16         943.254  Volunteer work by law enforcement officers.--

17         (1)  An employing agency may operate or administer a

18  program for law enforcement officers to provide volunteer

19  security services during off-duty hours at a community-based,

20  not-for-profit program that serves children or families who

21  have experienced or are at risk for child abuse or domestic

22  violence and that presents a potential danger to staff or

23  clients. A community-based, not-for-profit program may

24  include, but need not be limited to, a supervised visitation

25  program administered under chapter 753.

26         (2)  Any community-based, not-for-profit program at

27  which a law enforcement officer volunteers is responsible for

28  the acts or omissions of the law enforcement officer while

29  performing services for that program off duty. However, for

30  purposes of coverage under the Workers' Compensation Law, a

31  law enforcement officer who volunteers, as provided in this

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  1  section, and who meets the provisions of s. 440.091 shall be

  2  considered to have been acting within the course of

  3  employment, pursuant to s. 440.091.

  4         (3)  A law enforcement officer who volunteers during

  5  off-duty hours as provided in this section is exempt from the

  6  licensure requirements of chapter 493 for persons who provide

  7  security or investigative services.

  8         Section 35.  (1)  The Department of Revenue and the

  9  Office of State Courts Administrator may pursue authorization

10  to use funds provided under Title IV-D of the Social Security

11  Act, 42 U.S.C. ss. 651 et seq., for mediation services.

12         (2)  The sum of $______ is appropriated from the

13  General Revenue Fund to the Office of State Courts

14  Administrator to conduct the necessary time and staffing

15  studies to develop the cost-allocation plan required for funds

16  provided under Title IV-D. This appropriation may not be

17  released until the Office of Child Support Enforcement of the

18  United States Department of Health and Human Services provides

19  tentative approval of the proposed cost-allocation plan

20  requiring a time and staffing study.

21         Section 36.  (1)  The Legislature finds that underlying

22  problems experienced by many families often form the basis for

23  their interaction with the judicial system. Assisting families

24  with these underlying problems will enhance their functioning

25  and their ability to constructively resolve their disputes and

26  should also result in more effective court resolution of

27  family cases and minimize future court intervention.

28  Therefore, it is the intent of the Legislature that the

29  circuit courts and social service agencies collaborate to

30  assist families with the circumstances and problems that are

31

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  1  contributing to their legal issues and need for judicial

  2  intervention.

  3         (2)  The Legislature requests that the chief judge of

  4  each circuit court initiate, develop, and maintain a

  5  collaboration initiative between the circuit court and the

  6  social service agencies in the community to address the

  7  interrelated legal and nonlegal problems of children and

  8  families involved in the court system in order to improve the

  9  families' functioning and reduce their need for judicial

10  intervention. This collaboration initiative should include, at

11  the discretion of the chief judge, a broad cross-section of

12  the social service agencies in the community that assist

13  children or members of their families with any basic need or

14  functional problem that, if not addressed, could contribute to

15  their use of the judicial system. For purposes of this

16  section, the term "social services" means the continuum of

17  private and public services including, but is not limited to,

18  services related to the safety of the child or family,

19  education, health care, economic support, parenting,

20  employment, domestic violence, substance abuse, mental health,

21  law enforcement, and special needs of the children or adults.

22         (3)  The Legislature requests that social service

23  agencies cooperate with and participate in the collaboration

24  initiative.

25         (4)  Goals of the collaboration initiatives include,

26  but need not be limited to:

27         (a)  Improving the availability of social services for

28  children and families who are found in the court system to be

29  in need of services which will address their legal and

30  nonlegal problems.

31

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  1         (b)  Avoiding duplication of services from multiple

  2  agencies that are responsible for assisting families.

  3         (c)  Eliminating unnecessary delay in providing

  4  appropriate services to children and families.

  5         (d)  Improving communication between the social

  6  services agencies and the courts.

  7         (5)  The Legislature recognizes that the Supreme Court

  8  has required each circuit to create a family law advisory

  9  group to provide communication among all stakeholders in the

10  family court system and that many communities have existing

11  initiatives for coordinating social services which have common

12  or similar goals. Initiatives for collaboration should not

13  duplicate these efforts, but instead, should use the family

14  law advisory group and, to the fullest extent possible, use

15  existing initiatives in the community for coordinating social

16  services to accomplish the collaboration.

17         (6)  The following elements are steps that may be used

18  to guide the building of the partnership between the court

19  system and the social services system and to achieve the

20  purpose and goals of the collaboration initiative:

21         (a)  Gain knowledge of the services available in the

22  community for children and families.

23         (b)  Reach an understanding of each system's needs,

24  processes, operational parameters, goals, and expectations.

25         (c)  Reach consensus on the changed behaviors or

26  outcomes expected from services and reasonable timeframes for

27  delivering services.

28         (d)  Identify where limited funding and existing

29  priority populations result in lack of services.

30         (e)  Reach consensus on the roles of the court system

31  and social services systems in the identification, referral,

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  1  service provision, and follow-up phases of service delivery to

  2  children and families.

  3         (f)  Reach consensus on respective roles of the court

  4  and individual social service agencies in implementing

  5  individual service plans for families and children.

  6         (g)  Determine the most appropriate form or model for

  7  establishing partnerships within the community at a system

  8  level and at the level of an individual child and family.

  9         (h)  Determine the gaps in services and establish

10  partnerships to develop and implement needed services that

11  address the identified gaps.

12         (i)  Encourage greater flexibility in the court and

13  social services systems and flexibility in funding in order to

14  address the needs of children and families.

15         (j)  Determine the changes in coordination or changes

16  in the system which are necessary to improve the availability

17  of services to children and families.

18         (k)  Determine how the systems can be more accountable

19  for enforcing existing laws that positively impact children

20  and families in court.

21         (l)  Determine how the courts can use existing

22  evaluations performed by different social services agencies to

23  reduce the duplication of child and family evaluations needed

24  for decisionmaking by the court.

25         (m)  Encourage the exchange of information among social

26  service agencies and the courts in providing services to

27  children and families.

28         (7)  The Legislature requests that the Supreme Court

29  incorporate within the responsibilities of the Family Court

30  Steering Committee the duties of providing ongoing guidance to

31  the circuit courts' collaboration initiatives, identifying and

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  1  addressing statewide barriers to effective collaboration, and

  2  identifying and implementing practices and policies that would

  3  facilitate effective collaboration. For the purposes of this

  4  state-level collaboration initiative, ongoing dialogue should

  5  be established among the representatives of the circuit

  6  courts, state agencies, and state organizations that represent

  7  the public and private social services and that are or should

  8  be participating in the community collaboration initiatives.

  9         (8)  The Office of State Courts Administrator shall

10  submit to the President of the Senate and the Speaker of the

11  House of Representatives a copy of the report required by the

12  Supreme Court on the progress of the family law advisory group

13  in each circuit. The Legislature requests that this report

14  include the progress of the family law advisory groups as it

15  pertains to developing communication and collaboration with

16  the social services in the circuits. The report must also

17  identify any barriers to effective collaboration and must

18  include recommendations for legislation to facilitate the

19  building of the partnership between the circuit courts and

20  social services identified by the Family Court Steering

21  Committee's Committee. The first report must be submitted by

22  June 30, 2003.

23         Section 37.  (1)(a)  The Legislature finds that a

24  significant number of children served by the Department of

25  Juvenile Justice also come under the jurisdiction of the

26  Department of Children and Family Services, either

27  simultaneously or following placement with the Department of

28  Juvenile Justice. The children who cross the jurisdiction of

29  the Department of Juvenile Justice's delinquency system and

30  the Department of Children and Family Services' dependency

31  system often have difficulty or cannot access needed services

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  1  of one or both systems. These "cross-over" children include,

  2  but are not limited to, children who have reached the maximum

  3  time for detention or commitment and are locked out of their

  4  homes, children who have committed domestic violence on

  5  another family member and cannot return home, and children who

  6  do not meet the criteria for detention.

  7         (b)  The Legislature also finds that these children

  8  also attend local schools that play a vital role in their

  9  lives and the success of their interventions.

10         (c)  The Legislature further finds that strong,

11  productive coordination and cooperation among the Department

12  of Juvenile Justice, the Department of Children and Family

13  Services, and the Department of Education is essential to the

14  goal of successfully serving these children.

15         (2)  To that end, the Secretary of Juvenile Justice

16  shall organize and act as the chairperson of an interagency

17  workgroup involving, at a minimum, the Secretary of Children

18  and Family Services and the Commissioner of Education. The

19  workgroup shall accomplish at least the following goals:

20         (a)  Identify issues that make it difficult to serve

21  "cross-over" children of the Department of Juvenile Justice

22  and the Department of Children and Family Services;

23         (b)  Identify issues involving local school districts

24  and these children and the role schools can play in assisting

25  the Department of Juvenile Justice and the Department of

26  Children and Family Services in serving these children;

27         (c)  Develop short-term and long-term strategies to

28  address these goals using the resources and authority

29  currently vested with these agencies, including, but not

30  limited to, sharing resources, timeframes for developing

31  aftercare plans, and joint planning for children who will move

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  1  from the jurisdiction of one agency to the jurisdiction of

  2  another agency;

  3         (d)  Identify any statutory, fiscal, and other

  4  inhibitor to the short-term and long-term strategies and

  5  develop proposals for removing those inhibitors; and

  6         (e)  Develop and execute an interagency agreement

  7  specifying protocols for handling the identified issues that

  8  can be managed within existing authority and resources and

  9  articulate a mutual plan for addressing the issues that

10  require additional resources or authority, including the

11  manner in which the Department of Juvenile Justice, the

12  Department of Children and Family Services, and the Department

13  of Education shall:

14         1.  Establish a working relationship to provide

15  appropriate services to the "cross-over" children and to

16  ensure that the agencies' respective funds are spent in the

17  most efficient manner possible;

18         2.  Coordinate responses to court orders relative to

19  "cross-over" children, regardless of whether the circumstances

20  of the children and families fall or do not fall clearly

21  within the jurisdiction of one department;

22         3.  Handle the identified issues that can be managed

23  within existing authority and resources and articulate a

24  mutual plan for addressing the issues that require additional

25  resources or authority; and

26         4.  Conduct regular meetings, share information

27  concerning specific children and families, and resolve

28  disagreements between the departments regarding the

29  "cross-over" children and the administration of protocols.

30         (3)  The workgroup is encouraged to draw on the

31  expertise of appropriate groups such as the Florida Supreme

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  1  Court committees, the Florida Network of Youth and Family

  2  Services, the Florida Association of Counties, local school

  3  boards, the Florida Council for Behavioral Health, the Florida

  4  Alcohol and Drug Abuse Association, and other groups in

  5  addressing the issues identified by the workgroup. The

  6  workgroup may form subcommittees to develop strategies for

  7  addressing identified issues.

  8         (4)  The Department of Juvenile Justice shall report on

  9  the accomplishments of the workgroup in addressing each of the

10  five identified goals and any others added by the workgroup.

11  The report must include a copy of the interagency agreement

12  and the plan for ensuring local adoption of the interagency

13  agreement. The department shall submit a written report to the

14  President of the Senate and the Speaker of the House of

15  Representatives by January 31, 2003.

16         Section 38.  (1)  In order for a unified family court

17  model to function effectively, efficiently, consistently, and

18  fairly, each participant in the unified family court model

19  must determine its information needs and assess its technology

20  support and resources for meeting those needs. The

21  participants in the family court model must cooperate and

22  collaborate to develop the most efficient and cost-effective

23  information system and to determine how to fund such a system.

24  That system should provide for collecting, storing,

25  retrieving, accessing, and sharing needed information.

26         (2)  The State Technology Office is encouraged to

27  assist the courts and clerks of courts in establishing a

28  workgroup by July 1, 2002, to develop an information system

29  based on the assessment of the information needs of the

30  participants in the unified family court model. The workgroup

31  should initially focus on processing information for

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  1  identifying, tracking, processing, and linking related cases

  2  involving the same family members. The workgroup may also work

  3  on other issues identified by the participants as facilitating

  4  the operations of programs of the unified family court model

  5  and facilitating the provision of services to families before

  6  the court.

  7         (3)  The final report of the workgroup should be

  8  provided to the Legislature by February 1, 2003. The report

  9  should identify, at a minimum, the information needs of the

10  courts, the clerks of court, the agencies, and other

11  stakeholders in programs of the unified family court model;

12  the information technology needed to facilitate the provision

13  and exchange of necessary information to, within, and from the

14  court under a unified family court model; the information

15  system that will meet those needs; the funding needs and

16  funding sources; and any other recommendations for legislative

17  action.

18         Section 39.  If any provision of this act or its

19  application to any person or circumstance is held invalid, the

20  invalidity does not affect other provisions or applications of

21  the act which can be given effect without the invalid

22  provision or application, and to this end the provisions of

23  this act are severable.

24         Section 40.  This act shall take effect July 1, 2002.

25

26

27

28

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                     Senate Bills 1226 & 734

  3

  4       --     Directs the Division of Statutory Revision to
                designate specified chapters to constitute the
  5              Family Code in lieu of renumbering and
                re-organizing family law chapters;
  6
         --     Changes the date from January 1, 2004, to October
  7              2, 2007, as the period of time in which the courts
                and the clerks of the court are authorized to
  8              collect and use social security numbers or other
                personal identifying information for the sole
  9              purpose of developing unique identifier systems to
                identify, coordinate, link and track related
10              cases;

11       --     Promotes participation in presuit and voluntary
                mediation by providing legislative intent
12              regarding the provision of a continuum of
                alternative dispute options to the judicial
13              process, by requesting the establishment of a
                formal court process to file and obtain approval
14              of stipulated agreements without the necessity of
                court appearances, by providing confidentiality
15              provisions in presuit and voluntary mediations, by
                authorizing the establishment of presuit mediation
16              pilot programs for the modification or enforcement
                of judgments relating to family matters, by
17              converting the $45 locally-imposed service charge
                into a $65 mandatorily-imposed statewide service
18              charge on modification of dissolutions of
                marriages to fund specified mediation services,
19              and by authorizing the Department of Revenue and
                Office of State Courts Administrator to pursue
20              federal Title IV-D funds for mediation services,
                and appropriating for a study thereof;
21
         --     Imposes an earlier deadline for parents to
22              complete parent education courses in dissolution
                of marriage proceedings in order to maximize the
23              benefits of the course;

24       --     Clarifies the mandatory co-residency requirement
                in the definitions of "domestic violence" and
25              "family or household member" except under
                specified circumstances;
26
         --     Sets forth a statutory framework to begin the
27              establishment of a statewide certification and
                monitoring system to improve the quality and
28              safety of supervised visitation and exchange
                programs and provides incentives for law
29              enforcement officers to secure educational credits
                and to volunteer in these types of programs.
30
         --     Promotes systems of coordination between the court
31              and social service agencies by providing a
                framework for them to collaborate in the
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  1              development of a system that ensures access to
                services for children and families in the court
  2              system.

  3       --     Promotes systems of coordination between the
                Department of Juvenile Justice, the Department of
  4              Children and Families and the Department of
                Education by requiring them to organize
  5              interagency workgroups, to enter into interagency
                agreements for handling issues relating to
  6              services for children who cross agency
                jurisdictional lines, and to report on the
  7              workgroup efforts;

  8       --     Conforms statutory cross-references to ss. 63.052,
                63.087, and 63.102, F.S., to the new provisions in
  9              the bill.

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

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