Senate Bill sb0734

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    Florida Senate - 2002                                   SB 734

    By the Committee on Children and Families





    300-800B-02

  1                      A bill to be entitled

  2         An act relating to family services; amending

  3         ss. 25.385, 39.902, 741.28, 943.171, F.S.;

  4         redefining the terms "domestic violence" and

  5         "family or household member" for purposes of

  6         cases involving domestic violence; creating s.

  7         44.1012, F.S.; providing legislative intent

  8         with respect to making a continuum of

  9         alternatives to litigation available to

10         families; amending s. 44.108, F.S.; increasing

11         the service charge for modifying a final

12         judgment of dissolution; requiring that

13         proceeds from the service charge be deposited

14         into the state mediation and arbitration trust

15         fund; creating s. 44.202, F.S.; requiring the

16         Supreme Court to develop presuit-mediation

17         pilot programs; providing for the funds

18         deposited into the state mediation and

19         arbitration trust fund to be used to develop

20         the programs; providing requirements for the

21         programs; requiring a report to the Legislature

22         concerning the evaluation of the

23         presuit-mediation pilot programs; amending s.

24         61.21, F.S.; revising the timeframe for

25         completing a parenting course; repealing ss.

26         753.001, 753.002, 753.004, F.S., relating to

27         the Florida Family Visitation Network; creating

28         ss. 753.01, 753.02, 753.03, 754.04, 753.05,

29         753.06, 753.07, 753.08, 753.09, F.S.; providing

30         legislative intent with respect to

31         administering supervised visitation programs;

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  1         defining terms; providing for the development

  2         of standards for the certification of

  3         supervised visitation programs; requiring

  4         compliance with interim minimum standards;

  5         providing for security of the supervised

  6         visitation programs; requiring the

  7         Clearinghouse on Supervised Visitation to

  8         develop training materials; providing for the

  9         clearinghouse to develop and implement a

10         mechanism for data collection; providing for

11         the clearinghouse to develop standards for

12         supervised visitation programs; requiring a

13         report to the Legislature; amending s. 943.135,

14         F.S.; requiring the Criminal Justice Standards

15         and Training Commission to allow agencies

16         employing law enforcement officers to authorize

17         volunteer service as a means of fulfilling

18         requirements for continuing education; creating

19         943.254, F.S.; authorizing law enforcement

20         agencies to administer a volunteer program for

21         officers to provide security services during

22         off-duty hours for certain community programs;

23         authorizing the Department of Revenue and the

24         Office of State Courts Administrator to obtain

25         authorization for the courts to use specified

26         funds for mediation services; providing an

27         appropriation to conduct certain studies;

28         providing legislative intent with respect to

29         the development of a collaborative initiative

30         with social service agencies by circuit judges;

31         providing for goals and elements of the

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  1         collaborative initiative; requesting that the

  2         Supreme Court provide guidance to the circuit

  3         courts in developing the collaborative

  4         initiatives; requiring a report to the

  5         Legislature; requiring the Department of

  6         Juvenile Justice to organize an interagency

  7         workgroup; specifying the goals of the

  8         interagency workgroup; requiring a report to

  9         the Legislature on the accomplishments of the

10         interagency workgroup; providing an effective

11         date.

12

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

14

15         Section 1.  Subsection (2) of section 25.385, Florida

16  Statutes, is amended to read:

17         25.385  Standards for instruction of circuit and county

18  court judges in handling domestic violence cases.--

19         (2)  As used in this section:

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

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

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

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

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

25  unit.

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

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

28  related by blood or marriage, persons who are presently

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

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

31  child in common regardless of whether they have been married

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

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

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

  4  been married or have resided together at any time.

  5         Section 2.  Subsections (1) and (3) of section 39.902,

  6  Florida Statutes, are amended to read:

  7         39.902  Definitions.--As used in this part, the term:

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

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

10  sexual battery, or any criminal offense resulting in physical

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

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

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

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

15  related by blood or marriage, persons who are presently

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

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

18  common regardless of whether they have been married or have

19  resided together at any time.

20         Section 3.  Section 44.1012, Florida Statutes, is

21  created to read:

22         44.1012  Continuum of alternatives to litigation;

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

24  a range of alternatives to judicial action be available to

25  families in order to reduce the level of costly court

26  intervention required to resolve disputes. Communities, with

27  the involvement of the courts, are encouraged to provide

28  families with a continuum of options that educate parents and

29  children concerning the constructive resolution of conflicts,

30  that assist families in resolving their disputes and future

31  disputes prior to court intervention, and that assist families

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  1  involved in judicial intervention to reach agreement and

  2  resolve their disputes.

  3         Section 4.  Section 44.108, Florida Statutes, as

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

  5  amended to read:

  6         44.108  Funding of mediation and

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

  8  regardless of financial status.

  9         (1)  Each board of county commissioners may support

10  mediation and arbitration services by appropriating moneys

11  from county revenues and by:

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

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

14  circuit court proceeding, which shall be deposited in the

15  court's mediation-arbitration account fund under the

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

17  county is located; and

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

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

20  county court proceeding, which shall be deposited in the

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

22  county civil mediation services under the supervision of the

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

24         (2)(3)  A fee of $65 is levied Levying, in addition to

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

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

27  judgment of dissolution. Of this sum, $44, which shall be

28  deposited in the court's family mediation account fund to be

29  used to fund family mediation services under the supervision

30  of the chief judge of the circuit in which the county is

31  located. The sum of $21 shall be forwarded to the Department

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  1  of Revenue for deposit in the state mediation and arbitration

  2  trust fund, $1 of which shall be used by the Supreme Court to

  3  carry out its responsibilities set forth in s. 44.106 and the

  4  remaining $20 shall be used by the Supreme Court to carry out

  5  its responsibilities set forth in s. 44.202.

  6         (3)(4)  If a board of county commissioners levies the

  7  service charge authorized in paragraph (1)(a) or paragraph

  8  (1)(b) subsection (1), subsection (2), or subsection (3), the

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

10  Department of Revenue for deposit in the state mediation and

11  arbitration trust fund which is hereby established.  Such fund

12  shall be used by the Supreme Court to carry out its

13  responsibilities set forth in s. 44.106.

14         Section 5.  Section 44.202, Florida Statutes, is

15  created to read:

16         44.202  Presuit-mediation pilot programs.--

17         (1)  The Supreme Court shall use the funds deposited

18  into the state mediation and arbitration trust fund under s.

19  44.108(2) to develop presuit-mediation pilot programs to

20  ensure that an adequate level of court-ordered family

21  mediation is available in each of the circuits. At the

22  discretion of the Supreme Court, up to 50 percent of the funds

23  deposited into the mediation and arbitration fund under s.

24  44.108(2) may be used to ensure that an adequate level of

25  court-ordered mediation is available in the circuit courts for

26  family matters.

27         (2)  The purpose of the presuit-mediation pilot

28  programs is to test and evaluate postjudgment mediation

29  services for parties, including married and unmarried persons,

30  who request modification or enforcement of a judgment for a

31  family matter that involves dissolution of marriage, property

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

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

  3  visitation. Presuit mediation shall be designed to prevent or

  4  minimize court appearances by the parties.

  5         (3)  The presuit mediation pilot programs funded under

  6  this section shall:

  7         (a)  Be available to the parties who voluntarily choose

  8  the presuit-mediation services. The parties retain the right

  9  to a court hearing to modify a judgment.

10         (b)  Meet the purpose of the pilot program as specified

11  in subsection (2).

12         (c)  Provide that the mediation proceedings meet the

13  statutory provisions provided for presuit mediation in s.

14  44.102.

15         (d)  Provide families with the opportunity to mediate a

16  disputed family matter before filing a petition with the court

17  of a request to modify or enforce a judgment. A mediated

18  agreement between the parties may be certified by the mediator

19  to the judge, with signed copies of the certified mediated

20  agreement provided to each of the parties. The parties may

21  choose to waive their right to a hearing or may consent in

22  writing to the entry of the mediated agreement without a

23  hearing. Based on the certified mediated agreement, the judge

24  may enter an order without an appearance of the parties. The

25  judge may require a court appearance if the mediated agreement

26  reached does not appear to be in the best interests of the

27  parties or a minor child. The certified mediated agreement

28  must be made a part of the order.

29         (e)  Provide for an evaluation of each of the

30  presuit-mediation pilot programs, including, but not limited

31  to, a cost comparison between the process under the pilot

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  1  program and the process under a full court appearance, an

  2  examination of the use of the service, and an examination of

  3  the mediated agreements reached. A report on the evaluations

  4  of each of the presuit-mediation pilot programs shall be

  5  submitted to the President of the Senate and the Speaker of

  6  the House of Representatives by December 31, 2004.

  7         Section 6.  Subsection (3) and (4) of section 61.21,

  8  Florida Statutes, are amended to read:

  9         61.21  Parenting course authorized; fees; required

10  attendance authorized; contempt.--

11         (3)  All parties to a dissolution of marriage

12  proceeding with minor children or a paternity action which

13  involves issues of parental responsibility shall be required

14  to complete the Parent Education and Family Stabilization

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

16  The court may excuse a party from attending the parenting

17  course or meeting the required timeframe for completing the

18  course for good cause.

19         (4)  All parties required to complete a parenting

20  course under this section shall begin the course as

21  expeditiously as possible after filing for dissolution of

22  marriage or filing a paternity action. The petitioner of the

23  dissolution-of-marriage action or paternity action must

24  complete the course within 45 days after filing. The other

25  party to the dissolution-of-marriage action or paternity

26  action must complete the course within 45 days after service

27  of the petition. All parties and shall file proof of

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

29  judgment.

30         Section 7.  Subsections (1) and (2) of section 741.28,

31  Florida Statutes, are amended to read:

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  1         741.28  Domestic violence; definitions.--As used in ss.

  2  741.28-741.31:

  3         (1)  "Domestic violence" means any assault, aggravated

  4  assault, battery, aggravated battery, sexual assault, sexual

  5  battery, stalking, aggravated stalking, kidnapping, false

  6  imprisonment, or any criminal offense resulting in physical

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

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

  9  Except for persons who are parents of a child in common, the

10  family or household members must currently reside together, or

11  have resided together in the past, in the same dwelling unit.

12         (2)  "Family or household member" means spouses, former

13  spouses, persons related by blood or marriage, persons who are

14  presently residing together as if a family or who have resided

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

16  child in common regardless of whether they have been married

17  or have resided together at any time. Except for persons who

18  are parents of a child in common, the family or household

19  members must currently reside together, or have resided

20  together in the past, in the same dwelling unit.

21         Section 8.  Sections 753.001, 753.002, and 753.004,

22  Florida Statutes, are repealed.

23         Section 9.  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         (2)  The Clearinghouse on Supervised Visitation, with

25  consultation from the advisory board, shall also develop

26  criteria for approving or rejecting certification of a

27  supervised visitation program, a process for phasing in the

28  standards and certification process, and a recommendation for

29  the state entity that should be charged with certifying and

30  monitoring supervised visitation programs.

31

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  1         (3)  The Clearinghouse on Supervised Visitation shall

  2  submit a report to the President of the Senate, the Speaker of

  3  the House of Representatives, and the Chief Justice of the

  4  Supreme Court by December 31, 2003. The standards for

  5  supervised visitation programs and criteria for the

  6  certification process shall be adopted by rule by the state

  7  entity identified by the Legislature to be responsible for the

  8  certification and monitoring process.

  9         Section 10.  Present subsections (2), (3), and (4) of

10  section 943.135, Florida Statutes, are redesignated as

11  subsections (3), (4), and (5), respectively, and a new

12  subsection (2) is added to that section, to read:

13         943.135  Requirements for continued employment.--

14         (2)  The commission shall permit an employing agency to

15  allow an officer to meet up to 3 hours of the 40 hours of

16  required continuing education and training by volunteering at

17  a community-based, not-for-profit organization that serves

18  children or families who have experienced or are at risk for

19  child abuse or domestic violence, including, but not limited

20  to, a supervised visitation program as provided for in chapter

21  753. This special population poses complex challenges to law

22  enforcement officers. Continuing education and training

23  through community service provides a unique learning

24  opportunity for officers to understand the special needs of

25  this group of constituents, build community relations, and

26  provide a visible presence of law enforcement officers in the

27  community. Volunteer time applied as continuing education and

28  training under this subsection may include time spent in

29  providing security services but does not substitute for the

30  continuing education in domestic violence required under s.

31  943.1701.

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  1         Section 11.  Subsection (2) of section 943.171, Florida

  2  Statutes, is amended to read:

  3         943.171  Basic skills training in handling domestic

  4  violence cases.--

  5         (2)  As used in this section, the term:

  6         (a)  "Domestic violence" has the same meaning ascribed

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

  8  sexual battery, or any criminal offense resulting in the

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

10  another who is or was residing in the same single dwelling

11  unit.

12         (b)  "Household member" has the same meaning ascribed

13  in s. 741.28 means spouse, former spouse, persons related by

14  blood or marriage, persons who are presently residing

15  together, as if a family, or who have resided together in the

16  past, as if a family, and persons who have a child in common

17  regardless of whether they have been married or have resided

18  together at any time.

19         Section 12.  Section 943.254, Florida Statutes, is

20  created to read:

21         943.254  Volunteer work by law enforcement officers.--

22         (1)  An employing agency may operate or administer a

23  program for law enforcement officers to provide volunteer

24  security services during off-duty hours at a community-based,

25  not-for-profit program that serves children or families who

26  have experienced or are at risk for child abuse or domestic

27  violence and that presents a potential danger to staff or

28  clients. A community-based, not-for-profit program may

29  include, but need not be limited to, a supervised visitation

30  program administered under chapter 753.

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  1         (2)  Any community-based, not-for-profit program at

  2  which a law enforcement officer volunteers is responsible for

  3  the acts or omissions of the law enforcement officer while

  4  performing services for that program while off duty, including

  5  workers' compensation benefits. However, for purposes of

  6  coverage under the Workers' Compensation Law, a law

  7  enforcement officer who sustains an injury enforcing the

  8  criminal, traffic, or penal laws of this state while

  9  volunteering as provided in this section shall be considered

10  to be on duty as a law enforcement officer.

11         (3)  A law enforcement officer who volunteers during

12  off-duty hours as provided in this section is exempt from the

13  licensure requirements of chapter 493 for persons who provide

14  security or investigative services.

15         Section 13.  (1)  The Department of Revenue and the

16  Office of State Courts Administrator may pursue authorization

17  to use funds provided under Title IV-D of the Social Security

18  Act, 42 U.S.C. ss. 651 et seq., for mediation services.

19         (2)  The sum of $______ is appropriated from the

20  General Revenue Fund to the Office of State Courts

21  Administrator to conduct the necessary time and staffing

22  studies to develop the cost-allocation plan required for funds

23  provided under Title IV-D. This appropriation may not be

24  released until the Office of Child Support Enforcement of the

25  United States Department of Health and Human Services provides

26  tentative approval of the proposed cost-allocation plan

27  requiring a time and staffing study.

28         Section 14.  (1)  The Legislature finds that underlying

29  problems experienced by many families often form the basis for

30  their interaction with the judicial system. Assisting families

31  with these underlying problems will enhance their functioning

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  1  and their ability to constructively resolve their disputes and

  2  should also result in more effective court resolution of

  3  family cases and minimize future court intervention.

  4  Therefore, it is the intent of the Legislature that the

  5  circuit courts and social service agencies collaborate to

  6  assist families with the circumstances and problems that are

  7  contributing to their legal issues and need for judicial

  8  intervention.

  9         (2)  The Legislature requests that the chief judge of

10  each circuit court initiate, develop, and maintain a

11  collaboration initiative between the circuit court and the

12  social service agencies in the community to address the

13  interrelated legal and nonlegal problems of children and

14  families involved in the court system in order to improve the

15  families' functioning and reduce their need for judicial

16  intervention. This collaboration initiative should include, at

17  the discretion of the chief judge, a broad cross-section of

18  the social service agencies in the community that assist

19  children or members of their families with any basic need or

20  functional problem that, if not addressed, could contribute to

21  their use of the judicial system. For purposes of this

22  section, the term "social services" means the continuum of

23  private and public services including, but is not limited to,

24  services related to the safety of the child or family,

25  education, health care, economic support, parenting,

26  employment, domestic violence, substance abuse, mental health,

27  law enforcement, and special needs of the children or adults.

28         (3)  The Legislature requests that social service

29  agencies cooperate with and participate in the collaboration

30  initiative.

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  1         (4)  Goals of the collaboration initiatives include,

  2  but need not be limited to:

  3         (a)  Improving the availability of social services for

  4  children and families who are found in the court system to be

  5  in need of services which will address their legal and

  6  nonlegal problems.

  7         (b)  Avoiding duplication of services from multiple

  8  agencies that are responsible for assisting families.

  9         (c)  Eliminating unnecessary delay in providing

10  appropriate services to children and families.

11         (d)  Improving communication between the social

12  services agencies and the courts.

13         (5)  The Legislature recognizes that the Supreme Court

14  has required each circuit to create a family law advisory

15  group to provide communication among all stakeholders in the

16  family court system and that many communities have existing

17  initiatives for coordinating social services which have common

18  or similar goals. Initiatives for collaboration should not

19  duplicate these efforts, but instead, should use the family

20  law advisory group and, to the fullest extent possible, use

21  existing initiatives in the community for coordinating social

22  services to accomplish the collaboration.

23         (6)  The following elements are steps that may be used

24  to guide the building of the partnership between the court

25  system and the social services system and to achieve the

26  purpose and goals of the collaboration initiative:

27         (a)  Gain knowledge of the services available in the

28  community for children and families.

29         (b)  Reach an understanding of each system's needs,

30  processes, operational parameters, goals, and expectations.

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  1         (c)  Reach consensus on the changed behaviors or

  2  outcomes expected from services and reasonable timeframes for

  3  delivering services.

  4         (d)  Identify where limited funding and existing

  5  priority populations result in lack of services.

  6         (e)  Reach consensus on the roles of the court system

  7  and social services systems in the identification, referral,

  8  service provision, and follow-up phases of service delivery to

  9  children and families.

10         (f)  Reach consensus on respective roles of the court

11  and individual social service agencies in implementing

12  individual service plans for families and children.

13         (g)  Determine the most appropriate form or model for

14  establishing partnerships within the community at a system

15  level and at the level of an individual child and family.

16         (h)  Determine the gaps in services and establish

17  partnerships to develop and implement needed services that

18  address the identified gaps.

19         (i)  Encourage greater flexibility in the court and

20  social services systems and flexibility in funding in order to

21  address the needs of children and families.

22         (j)  Determine the changes in coordination or changes

23  in the system which are necessary to improve the availability

24  of services to children and families.

25         (k)  Determine how the systems can be more accountable

26  for enforcing existing laws that positively impact children

27  and families in court.

28         (l)  Determine how the courts can use existing

29  evaluations performed by different social services agencies to

30  reduce the duplication of child and family evaluations needed

31  for decisionmaking by the court.

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  1         (m)  Encourage the exchange of information among social

  2  service agencies and the courts in providing services to

  3  children and families.

  4         (7)  The Legislature requests that the Supreme Court

  5  incorporate within the responsibilities of the Family Court

  6  Steering Committee the duties of providing ongoing guidance to

  7  the circuit courts' collaboration initiatives, identifying and

  8  addressing statewide barriers to effective collaboration, and

  9  identifying and implementing practices and policies that would

10  facilitate effective collaboration. For the purposes of this

11  state-level collaboration initiative, ongoing dialogue should

12  be established among the representatives of the circuit

13  courts, state agencies, and state organizations that represent

14  the public and private social services and that are or should

15  be participating in the community collaboration initiatives.

16         (8)  The Office of State Courts Administrator shall

17  submit to the President of the Senate and the Speaker of the

18  House of Representatives a copy of the report required by the

19  Supreme Court of each circuit on the progress of the family

20  law advisory group. The Legislature requests that this report

21  include the progress of the family law advisory group as it

22  pertains to developing communication and collaboration with

23  the social services in the circuits. Any barriers to effective

24  collaboration and recommendations for legislation to

25  facilitate the building of the partnership between the circuit

26  courts and social services identified by the Family Court

27  Steering Committee's Committee should also be included in the

28  report to the Legislature. The first report must be submitted

29  by June 30, 2003.

30         Section 15.  (1)(a)  The Legislature finds that a

31  significant number of children served by the Department of

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  1  Juvenile Justice also come under the jurisdiction of the

  2  Department of Children and Family Services, either

  3  simultaneously or following placement with the Department of

  4  Juvenile Justice. The children who cross the jurisdiction of

  5  the Department of Juvenile Justice's delinquency system and

  6  the Department of Children and Family Services' dependency

  7  system often have difficulty or cannot access needed services

  8  of one or both systems. These "cross-over" children include,

  9  but are not limited to, children who have reached the maximum

10  time for detention or commitment and are locked out of their

11  homes, children who have committed domestic violence on

12  another family member and cannot return home, and children who

13  do not meet the criteria for detention.

14         (b)  The Legislature also finds that these children

15  also attend local schools that play a vital role in their

16  lives and the success of their interventions.

17         (c)  The Legislature further finds that strong,

18  productive coordination and cooperation among the Department

19  of Juvenile Justice, the Department of Children and Family

20  Services, and the Department of Education is essential to the

21  goal of successfully serving these children.

22         (2)  To that end, the Secretary of Juvenile Justice

23  shall organize and act as the chairperson of an interagency

24  workgroup involving, at a minimum, the Secretary of Children

25  and Family Services and the Commissioner of Education. The

26  workgroup shall accomplish at least the following goals:

27         (a)  Identify issues that make it difficult to serve

28  "cross-over" children of the Department of Juvenile Justice

29  and the Department of Children and Family Services;

30         (b)  Identify issues involving local school districts

31  and these children and the role schools can play in assisting

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  1  the Department of Juvenile Justice and the Department of

  2  Children and Family Services in serving these children;

  3         (c)  Develop short-term and long-term strategies to

  4  address these goals using the resources and authority

  5  currently vested with these agencies, including, but not

  6  limited to, sharing resources, timeframes for developing

  7  aftercare plans, and joint planning for children who will move

  8  from the jurisdiction of one agency to the jurisdiction of

  9  another agency;

10         (d)  Identify any statutory, fiscal, and other

11  inhibitor to the short-term and long-term strategies and

12  develop proposals for removing those inhibitors; and

13         (e)  Develop and execute an interagency agreement

14  specifying protocols for handling the identified issues that

15  can be managed within existing authority and resources and

16  articulate a mutual plan for addressing the issues that

17  require additional resources or authority, including the

18  manner in which the Department of Juvenile Justice, the

19  Department of Children and Family Services, and the Department

20  of Education shall:

21         1.  Establish a working relationship to provide

22  appropriate services to the "cross-over" children and to

23  ensure that the agencies' respective funds are spent in the

24  most efficient manner possible;

25         2.  Coordinate responses to court orders relative to

26  "cross-over" children, regardless of whether the circumstances

27  of the children and families fall or do not fall clearly

28  within the jurisdiction of one department;

29         3.  Handle the identified issues that can be managed

30  within existing authority and resources and articulate a

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  1  mutual plan for addressing the issues that require additional

  2  resources or authority; and

  3         4.  Conduct regular meetings, share information

  4  concerning specific children and families, and resolve

  5  disagreements between the departments regarding the

  6  "cross-over" children and the administration of protocols.

  7         (3)  The workgroup is encouraged to draw on the

  8  expertise of appropriate groups such as the Florida Supreme

  9  Court committees, the Florida Network of Youth and Family

10  Services, the Florida Association of Counties, local school

11  boards, the Florida Council for Behavioral Health, the Florida

12  Alcohol and Drug Abuse Association, and other groups in

13  addressing the issues identified by the workgroup. The

14  workgroup may form subcommittees to develop strategies for

15  addressing identified issues.

16         (4)  The Department of Juvenile Justice shall report on

17  the accomplishments of the workgroup in addressing each of the

18  five identified goals and any others added by the workgroup,

19  including a copy of the interagency agreement and the plan for

20  ensuring local adoption of the interagency agreement. The

21  department shall submit a written report to the President of

22  the Senate and the Speaker of the House of Representatives by

23  January 31, 2003.

24         Section 16.  This act shall take effect July 1, 2002.

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  1            *****************************************

  2                          SENATE SUMMARY

  3    Redefines the terms "domestic violence" and "family or
      household member" to clarify that, for purposes of cases
  4    involving domestic violence, the terms apply to persons
      who have a child in common or who currently reside
  5    together or previously resided together. Increases the
      service charge for modifying a final judgment of
  6    dissolution from $45 to $65. Provides for proceeds from
      the increased charge to be used by the Supreme Court to
  7    develop presuit-mediation pilot programs. Requires that a
      court-ordered parenting course be completed within
  8    specified timeframes. Abolishes the Florida Family
      Visitation Network. Requires the Clearinghouse on
  9    Supervised Visitation to create a supervised visitation
      program. Requires standards for the certification of
10    programs. Requires the Criminal Justice Standards and
      Training Commission to allow officers to provide
11    volunteer security services at supervised visitation
      programs to fulfill certain requirements for continuing
12    education. Provides for circuit judges to develop a
      collaborative initiative with social service agencies.
13    Requires the Department of Juvenile Justice to organize
      an interagency workgroup. (See bill for details.)
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