Senate Bill sb0734c1

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    Florida Senate - 2002                            CS for SB 734

    By the Committee on Children and Families





    300-1761A-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,"

  5         "family or household member," and "dating

  6         relationship" for purposes of cases involving

  7         domestic violence; creating s. 44.1012, F.S.;

  8         providing legislative intent with respect to

  9         making a continuum of alternatives to

10         litigation available to families; amending s.

11         44.108, F.S.; increasing the service charge for

12         modifying a final judgment of dissolution;

13         requiring that proceeds from the service charge

14         be deposited into the state mediation and

15         arbitration trust fund; creating s. 44.202,

16         F.S.; requiring the Supreme Court to develop

17         presuit-mediation pilot programs; providing for

18         the funds deposited into the state mediation

19         and arbitration trust fund to be used to

20         develop the programs; providing requirements

21         for the programs; requiring a report to the

22         Legislature 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, 753.04, 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; requesting the Supreme

11         Court to establish a process for filing

12         stipulated agreements that does not necessitate

13         a court appearance; providing an effective

14         date.

15

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

17

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

19  Statutes, is amended to read:

20         25.385  Standards for instruction of circuit and county

21  court judges in handling domestic violence cases.--

22         (2)  As used in this section:

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

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

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

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

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

28  unit.

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

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

31  related by blood or marriage, persons who are presently

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

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

  3  child in common regardless of whether they have been married

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

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

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

  7  been married or have resided together at any time.

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

  9  Florida Statutes, are amended to read:

10         39.902  Definitions.--As used in this part, the term:

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

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

13  sexual battery, or any criminal offense resulting in physical

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

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

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

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

18  related by blood or marriage, persons who are presently

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

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

21  common regardless of whether they have been married or have

22  resided together at any time.

23         Section 3.  Section 44.1012, Florida Statutes, is

24  created to read:

25         44.1012  Continuum of alternatives to litigation;

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

27  a range of alternatives to judicial action be available to

28  families in order to reduce the level of costly court

29  intervention required to resolve disputes. Communities, with

30  the involvement of the courts, are encouraged to provide

31  families with a continuum of options that educate parents and

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  1  children concerning the constructive resolution of conflicts,

  2  that assist families in resolving their disputes and future

  3  disputes prior to court intervention, and that assist families

  4  involved in judicial intervention to reach agreement and

  5  resolve their disputes.

  6         Section 4.  Section 44.108, Florida Statutes, as

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

  8  amended to read:

  9         44.108  Funding of mediation and

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

11  regardless of financial status.

12         (1)  Each board of county commissioners may support

13  mediation and arbitration services by appropriating moneys

14  from county revenues and by:

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

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

17  circuit court proceeding, which shall be deposited in the

18  court's mediation-arbitration account fund under the

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

20  county is located; and

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

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

23  county court proceeding, which shall be deposited in the

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

25  county civil mediation services under the supervision of the

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

27         (2)(3)  A fee of $65 is levied Levying, in addition to

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

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

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

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

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  1  used to fund family mediation services under the supervision

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

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

  4  of Revenue for deposit in the state mediation and arbitration

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

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

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

  8  its responsibilities set forth in s. 44.202.

  9         (3)(4)  If a board of county commissioners levies the

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

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

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

13  Department of Revenue for deposit in the state mediation and

14  arbitration trust fund which is hereby established.  Such fund

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

16  responsibilities set forth in s. 44.106.

17         Section 5.  Section 44.202, Florida Statutes, is

18  created to read:

19         44.202  Presuit-mediation pilot programs.--

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

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

22  44.108(2) and designated for this section to provide

23  court-ordered family mediation and to implement

24  presuit-mediation pilot programs designed to prevent or

25  minimize court appearances by the parties. At the discretion

26  of the Supreme Court, up to 50 percent of the funds deposited

27  into the mediation and arbitration trust fund under s.

28  44.108(2) and designated for this section may be used to

29  ensure that a minimum level of court-ordered mediation for

30  family matters is available in each of the circuits. The

31  Supreme Court's use of funds deposited into the mediation and

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  1  arbitration trust fund under s. 44.108(2) and designated for

  2  this section is contingent upon the establishment and

  3  utilization by the presuit-mediation pilot programs of a

  4  formal process that encourages and facilitates the filing of

  5  stipulated agreements in post-judgment family-law matters;

  6  such process should provide for consideration of the

  7  stipulated agreements by the court without necessitating an

  8  appearance before the court.

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

10  programs is to facilitate and evaluate a process for modifying

11  or enforcing a final judgment involving dissolution of

12  marriage, paternity, spousal support, parental responsibility,

13  child support, custody, or visitation while preventing or

14  minimizing court appearances. The pilot programs should be

15  offered to parties before the filing of a supplemental

16  petition to modify a final judgment or a motion to enforce a

17  final judgment, focusing on families who could otherwise not

18  afford mediation.

19         (3)  The presuit-mediation pilot programs established

20  pursuant to this section shall meet the purpose as defined in

21  subsection (2), and shall:

22         (a)  Meet the statutory provisions provided for presuit

23  mediation in s. 44.102.

24         (b)  Be available to the parties on a voluntary basis.

25  The parties shall retain any rights to a hearing before the

26  court on the supplemental petition to modify a final judgment

27  or motion to enforce a final judgment.

28         (c)  Exclude cases involving temporary or final

29  judgments entered pursuant to chapter 741.

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

31  disputed family matter before filing a supplemental petition

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  1  with the court to modify a final judgment or a motion to

  2  enforce a final judgment and to enter an agreed upon

  3  stipulated agreement without a court appearance.

  4         (e)  Provide for the following:

  5         1.  Each party shall be provided with a signed copy of

  6  the mediated agreement;

  7         2.  Each party shall be provided the opportunity to

  8  waive his or her right to a hearing and consent in writing to

  9  the entry of the mediated agreement without a hearing or to

10  request a hearing before the court on the supplemental

11  petition to modify a final judgment or motion to enforce a

12  final judgment as part of the filing process with the court.

13         3.  The court, in its discretion, may enter an order

14  adopting the mediated agreement without the appearance of the

15  parties.

16         4.  If the mediated agreement to modify a final

17  judgment is accepted by the court, it shall be made a part of

18  the order modifying the final judgment.

19         (4)  The Office of the State Courts Administrator shall

20  evaluate the presuit-mediation pilot programs.  The evaluation

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

22  programs; the number of mediated agreements reached; the

23  number of mediated agreements adopted by the court, with and

24  without a court appearance; the number of court hearings

25  avoided; an estimated amount of court time saved; and an

26  examination of the mediated agreements.  A report on the

27  evaluation of the presuit-mediation pilot programs shall be

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

29  the House of Representatives by December 31, 2004.

30         Section 6.  Subsections (3) and (4) of section 61.21,

31  Florida Statutes, are amended to read:

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  1         61.21  Parenting course authorized; fees; required

  2  attendance authorized; contempt.--

  3         (3)  All parties to a dissolution of marriage

  4  proceeding with minor children or a paternity action which

  5  involves issues of parental responsibility shall be required

  6  to complete the Parent Education and Family Stabilization

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

  8  The court may excuse a party from attending the parenting

  9  course or meeting the required timeframe for completing the

10  course for good cause.

11         (4)  All parties required to complete a parenting

12  course under this section shall begin the course as

13  expeditiously as possible after filing for dissolution of

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

15  dissolution-of-marriage action or paternity action must

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

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

18  action must complete the course within 45 days after service

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

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

21  judgment.

22         Section 7.  Section 741.28, Florida Statutes, is

23  amended to read:

24         741.28  Domestic violence; definitions.--As used in ss.

25  741.28-741.31, the term:

26         (1)  "Dating relationship" means a relationship between

27  individuals who have or have had a continuing relationship of

28  a romantic or intimate nature. The existence of such a

29  relationship shall be determined based on the consideration of

30  the length of the relationship, the nature of the

31  relationship, and the frequency and type of interaction

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  1  between the persons involved in the relationship. However, the

  2  term does not include a casual acquaintanceship or ordinary

  3  fraternization between persons in a business or social

  4  context.

  5         (2)  "Department" means the Florida Department of Law

  6  Enforcement.

  7         (3)(1)  "Domestic violence" means any assault,

  8  aggravated assault, battery, aggravated battery, sexual

  9  assault, sexual battery, stalking, aggravated stalking,

10  kidnapping, false imprisonment, or any criminal offense

11  resulting in physical injury or death of one family or

12  household member by another who is or was residing in the same

13  single dwelling unit.

14         (4)(2)  "Family or household member" means spouses,

15  former spouses, persons who have or have had a dating

16  relationship, persons related by blood or marriage, persons

17  who are presently residing together as if a family or who have

18  resided together in the past as if a family, and persons who

19  are parents of have a child in common regardless of whether

20  they have been married or have resided together at any time.

21  With the exception of persons who are parents of a child in

22  common, or who have or have had a dating relationship, the

23  family or household members must be currently residing or have

24  in the past resided together in the same single dwelling unit.

25         (3)  "Department" means the Florida Department of Law

26  Enforcement.

27         (5)(4)  "Law enforcement officer" means any person who

28  is elected, appointed, or employed by any municipality or the

29  state or any political subdivision thereof who meets the

30  minimum qualifications established in s. 943.13 and is

31  certified as a law enforcement officer under s. 943.1395.

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

  2  Florida Statutes, are repealed.

  3         Section 9.  Sections 753.01, 753.02, 753.03, 753.04,

  4  753.05, 753.06, 753.07, 753.08, and 753.09, Florida Statutes,

  5  are created to read:

  6         753.01  Supervised visitation programs; legislative

  7  findings and intent.--The Legislature finds that there are

  8  children in this state who have been adjudicated dependent by

  9  the court and, as a result, are ordered into out-of-home

10  placements. The Legislature further finds that a large number

11  of children experience the separation or divorce of their

12  parents and that some of these children have been determined

13  by the court to be at risk or are potentially at risk for

14  physical, emotional, or sexual abuse; parental abduction;

15  domestic violence; or other harm as a result of parental

16  impairment due to substance abuse or other conditions. The

17  Legislature also finds that exposing children to the parents'

18  continuing conflicts is detrimental to the children. The

19  Legislature recognizes the importance of maintaining contact

20  between children and their nonresidential parents while

21  ensuring the safety of those children from further or

22  potential abuse, danger, or flight. The Legislature further

23  recognizes the importance of minimizing the circumstances in

24  which children are exposed to the parents' anger and disputes.

25  Supervised visitation programs provide a critically needed

26  service in offering children and nonresidential parents the

27  opportunity to maintain a relationship in a safe environment

28  and facilitating safe contact between perpetrators of domestic

29  violence and their children. By recognizing the necessity of

30  ensuring the safety of children, parents, and staff in child

31  visitations and exchanges and offering a quality service that

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  1  meets the multiple visitation and exchange needs of families,

  2  parents, and courts, the Legislature intends, subject to

  3  available funding, to provide for uniform standards,

  4  strengthened security, training, and certification of the

  5  supervised visitation programs in this state.

  6         753.02  Definitions.--As used in this chapter, the

  7  term:

  8         (1)  "Client" means the residential parent,

  9  nonresidential parent, caregiver, or child receiving services

10  under a supervised visitation program.

11         (2)  "Supervised exchange" means the supervision of the

12  movement of the child from the residential parent to the

13  nonresidential parent at the start of the visitation, and from

14  the nonresidential parent back to the residential parent at

15  the end of the visitation.

16         (3)  "Supervised visitation" means the contact between

17  a nonresidential parent and child which occurs in the presence

18  of an independent third party.

19         (4)  "Supervised visitation program" means a program

20  created to offer safe and structured supervised visitation and

21  supervised exchange.

22         753.03  Comprehensive standards for supervised

23  visitation programs.--

24         (1)  Standards shall be developed, pursuant to s.

25  753.09, for certifying supervised visitation programs in this

26  state to ensure the safety and quality of the program. These

27  standards are intended to provide a uniform set of guidelines

28  that will be used by all supervised visitation programs and be

29  required by the courts, the Department of Children and Family

30  Services, and other entities that refer families for

31  supervised visitation and supervised exchange services. The

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  1  standards developed must be comprehensive and address the

  2  purpose, policies, standards of practice, program content,

  3  security measures, qualifications of providers, training,

  4  credentials of staff, information to be provided to the court

  5  and by the court, data collection, and procedures for

  6  supervised visitation programs.

  7         (2)  These standards will form the basis for

  8  certification of supervised visitation programs.

  9         (3)  Before implementing a certification process, each

10  supervised visitation program is encouraged to voluntarily

11  comply with the comprehensive standards developed under s.

12  753.09.

13         753.04  Certification and monitoring of supervised

14  visitation programs.--

15         (1)  A process for certifying and monitoring the

16  initial and ongoing compliance of a supervised visitation

17  program with comprehensive standards developed under s. 753.09

18  shall be phased in, contingent upon the allocation and

19  availability of funds. The first phase of the certification

20  process must emphasize compliance with the standards relating

21  to security.

22         (2)  Once the certification process is fully

23  implemented, a supervised visitation program must be certified

24  in order to receive state or federal funds. A program must be

25  certified in order to be a program to which the court may

26  order parties for supervised visitation or supervised exchange

27  services.

28         753.05  Interim minimum standards for supervised

29  visitation programs.--

30         (1)  Until the comprehensive standards for supervised

31  visitation programs are developed under s. 753.03 and a

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  1  certification and monitoring process implemented, each

  2  supervised visitation program must comply with the "Minimum

  3  Standards for Supervised Visitation Programs Agreements"

  4  adopted by the Supreme Court as an administrative order on

  5  November 18, 1999. Pursuant to this order, each supervised

  6  visitation program shall enter into an agreement with the

  7  circuit court within that geographic jurisdiction attesting to

  8  the program's willingness to comply with the standards.

  9         (2)  Until the comprehensive standards for supervised

10  visitation programs are developed and a certification and

11  monitoring process implemented, a supervised visitation

12  program may not receive grant funds for access and visitation

13  under 42 U.S.C. s. 669b unless the program provides to the

14  state agency responsible for administering the grant

15  documentation verifying that the program has entered into an

16  agreement with the circuit court as required under subsection

17  (1). This subsection does not obligate the state agency

18  responsible for administering the grant to certify compliance

19  with the "Minimum Standards for Supervised Visitation Programs

20  Agreements."

21         753.06  Security in supervised visitation programs.--

22         (1)  Due to the volatile nature of the client

23  relationships that created the need for supervised visitation

24  and supervised exchange services, the security of each

25  supervised visitation program is a paramount element of the

26  program. Therefore, the safety of the clients and program

27  staff shall be intrinsic in all aspects of the standards,

28  emphasized in all training, and a precondition of the

29  certification of a program.

30         (2)  Each supervised visitation program is encouraged

31  to collaborate with local law enforcement agencies to

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  1  facilitate volunteerism by law enforcement officers at

  2  supervised visitation programs using such mechanisms as those

  3  provided under ss. 943.254 and 943.135(2) and using

  4  administrative leave permitted for state employees who

  5  participate in community service programs.

  6         753.07  Training for supervised visitation

  7  programs.--Contingent upon the allocation or availability of

  8  funding, the Clearinghouse on Supervised Visitation shall

  9  develop, maintain, and update competency-based training

10  materials for supervised visitation which are appropriate to

11  meet the training needs of program staff. The Clearinghouse on

12  Supervised Visitation shall also provide training to staff of

13  the supervised visitation programs and track staff who meet

14  training requirements, to the extent permitted by available

15  funding.

16         753.08  Supervised visitation programs; data

17  collection.--Contingent upon the allocation or availability of

18  funding, the Clearinghouse on Supervised Visitation shall

19  develop and implement a mechanism for collecting data on

20  supervised visitation and supervised exchange services

21  provided in this state. The Clearinghouse on Supervised

22  Visitation shall collaborate with the state chapter of the

23  Supervised Visitation Network in determining the necessary

24  data to be collected and developing the data-collection

25  mechanism to ensure the viability and reasonableness of the

26  data requirements. Each supervised visitation program shall

27  maintain and submit the identified data to the Clearinghouse

28  on Supervised Visitation. The Clearinghouse on Supervised

29  Visitation shall maintain these data and annually compile the

30  information and make it available to the President of the

31  Senate, the Speaker of the House of Representatives, the

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  1  courts, the Chief Justice of the Supreme Court, the Department

  2  of Children and Family Services, and any other organization

  3  represented on the advisory board provided for in s. 753.09.

  4         753.09  Development of standards and a certification

  5  process.--

  6         (1)  The Clearinghouse on Supervised Visitation within

  7  the Institute for Family Violence Studies of the Florida State

  8  University School of Social Work shall develop the standards

  9  for the supervised visitation program. The Clearinghouse on

10  Supervised Visitation shall use an advisory board to assist in

11  developing the standards. The advisory board must include:

12         (a)  Two members of the executive board of the state

13  chapter of the Supervised Visitation Network, appointed by the

14  president of the state chapter of the Supervised Visitation

15  Network.

16         (b)  A representative from the Office of the State

17  Courts Administrator, appointed by the State Courts

18  Administrator.

19         (c)  A representative from the Department of Children

20  and Family Services, appointed by the Secretary.

21         (d)  A representative from the Florida Coalition

22  Against Domestic Violence, appointed by the executive director

23  of the Florida Coalition Against Domestic Violence.

24         (e)  A representative from a state law enforcement

25  agency, appointed by the executive director of the Florida

26  Sheriffs Association.

27         (f)  A family law judge, appointed by the Chief Justice

28  of the Supreme Court.

29         (g)  Two representatives of supervised visitation

30  programs, appointed by the director of the clearinghouse.

31

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  1         (h)  A representative from the Junior League, selected

  2  by the State Board of the Junior League.

  3         (2)  The Clearinghouse on Supervised Visitation, with

  4  consultation from the advisory board, shall also develop

  5  criteria for approving or rejecting certification of a

  6  supervised visitation program, a process for phasing in the

  7  standards and certification process, and a recommendation for

  8  the state entity that should be charged with certifying and

  9  monitoring supervised visitation programs.

10         (3)  The Clearinghouse on Supervised Visitation shall

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

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

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

14  supervised visitation programs and criteria for the

15  certification process shall be adopted by rule by the state

16  entity identified by the Legislature to be responsible for the

17  certification and monitoring process.

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

19  section 943.135, Florida Statutes, are redesignated as

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

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

22         943.135  Requirements for continued employment.--

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

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

25  required continuing education and training by volunteering at

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

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

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

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

30  753. This special population poses complex challenges to law

31  enforcement officers. Continuing education and training

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  1  through community service provides a unique learning

  2  opportunity for officers to understand the special needs of

  3  this group of constituents, build community relations, and

  4  provide a visible presence of law enforcement officers in the

  5  community. Volunteer time applied as continuing education and

  6  training under this subsection may include time spent in

  7  providing security services but does not substitute for the

  8  continuing education in domestic violence required under s.

  9  943.1701.

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

11  Statutes, is amended to read:

12         943.171  Basic skills training in handling domestic

13  violence cases.--

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

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

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

17  sexual battery, or any criminal offense resulting in the

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

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

20  unit.

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

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

23  blood or marriage, persons who are presently residing

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

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

26  regardless of whether they have been married or have resided

27  together at any time.

28         Section 12.  Section 943.254, Florida Statutes, is

29  created to read:

30         943.254  Volunteer work by law enforcement officers.--

31

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

  2  program for law enforcement officers to provide volunteer

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

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

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

  6  violence and that presents a potential danger to staff or

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

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

  9  program administered under chapter 753.

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

11  which a law enforcement officer volunteers is responsible for

12  the acts or omissions of the law enforcement officer while

13  performing services for that program off duty. However, for

14  purposes of coverage under the Workers' Compensation Law, a

15  law enforcement officer who volunteers, as provided in this

16  section, and who meets the provisions of s. 440.091 shall be

17  considered to have been acting within the course of

18  employment, pursuant to s. 440.091.

19         (3)  A law enforcement officer who volunteers during

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

21  licensure requirements of chapter 493 for persons who provide

22  security or investigative services.

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

24  Office of State Courts Administrator may pursue authorization

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

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

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

28  General Revenue Fund to the Office of State Courts

29  Administrator to conduct the necessary time and staffing

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

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

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  1  released until the Office of Child Support Enforcement of the

  2  United States Department of Health and Human Services provides

  3  tentative approval of the proposed cost-allocation plan

  4  requiring a time and staffing study.

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

  6  problems experienced by many families often form the basis for

  7  their interaction with the judicial system. Assisting families

  8  with these underlying problems will enhance their functioning

  9  and their ability to constructively resolve their disputes and

10  should also result in more effective court resolution of

11  family cases and minimize future court intervention.

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

13  circuit courts and social service agencies collaborate to

14  assist families with the circumstances and problems that are

15  contributing to their legal issues and need for judicial

16  intervention.

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

18  each circuit court initiate, develop, and maintain a

19  collaboration initiative between the circuit court and the

20  social service agencies in the community to address the

21  interrelated legal and nonlegal problems of children and

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

23  families' functioning and reduce their need for judicial

24  intervention. This collaboration initiative should include, at

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

26  the social service agencies in the community that assist

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

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

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

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

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

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

  2  education, health care, economic support, parenting,

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

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

  5         (3)  The Legislature requests that social service

  6  agencies cooperate with and participate in the collaboration

  7  initiative.

  8         (4)  Goals of the collaboration initiatives include,

  9  but need not be limited to:

10         (a)  Improving the availability of social services for

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

12  in need of services which will address their legal and

13  nonlegal problems.

14         (b)  Avoiding duplication of services from multiple

15  agencies that are responsible for assisting families.

16         (c)  Eliminating unnecessary delay in providing

17  appropriate services to children and families.

18         (d)  Improving communication between the social

19  services agencies and the courts.

20         (5)  The Legislature recognizes that the Supreme Court

21  has required each circuit to create a family law advisory

22  group to provide communication among all stakeholders in the

23  family court system and that many communities have existing

24  initiatives for coordinating social services which have common

25  or similar goals. Initiatives for collaboration should not

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

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

28  existing initiatives in the community for coordinating social

29  services to accomplish the collaboration.

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

31  to guide the building of the partnership between the court

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  1  system and the social services system and to achieve the

  2  purpose and goals of the collaboration initiative:

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

  4  community for children and families.

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

  6  processes, operational parameters, goals, and expectations.

  7         (c)  Reach consensus on the changed behaviors or

  8  outcomes expected from services and reasonable timeframes for

  9  delivering services.

10         (d)  Identify where limited funding and existing

11  priority populations result in lack of services.

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

13  and social services systems in the identification, referral,

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

15  children and families.

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

17  and individual social service agencies in implementing

18  individual service plans for families and children.

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

20  establishing partnerships within the community at a system

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

22         (h)  Determine the gaps in services and establish

23  partnerships to develop and implement needed services that

24  address the identified gaps.

25         (i)  Encourage greater flexibility in the court and

26  social services systems and flexibility in funding in order to

27  address the needs of children and families.

28         (j)  Determine the changes in coordination or changes

29  in the system which are necessary to improve the availability

30  of services to children and families.

31

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

  2  for enforcing existing laws that positively impact children

  3  and families in court.

  4         (l)  Determine how the courts can use existing

  5  evaluations performed by different social services agencies to

  6  reduce the duplication of child and family evaluations needed

  7  for decisionmaking by the court.

  8         (m)  Encourage the exchange of information among social

  9  service agencies and the courts in providing services to

10  children and families.

11         (7)  The Legislature requests that the Supreme Court

12  incorporate within the responsibilities of the Family Court

13  Steering Committee the duties of providing ongoing guidance to

14  the circuit courts' collaboration initiatives, identifying and

15  addressing statewide barriers to effective collaboration, and

16  identifying and implementing practices and policies that would

17  facilitate effective collaboration. For the purposes of this

18  state-level collaboration initiative, ongoing dialogue should

19  be established among the representatives of the circuit

20  courts, state agencies, and state organizations that represent

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

22  be participating in the community collaboration initiatives.

23         (8)  The Office of State Courts Administrator shall

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

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

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

27  law advisory group. The Legislature requests that this report

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

29  pertains to developing communication and collaboration with

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

31  collaboration and recommendations for legislation to

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  1  facilitate the building of the partnership between the circuit

  2  courts and social services identified by the Family Court

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

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

  5  by June 30, 2003.

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

  7  significant number of children served by the Department of

  8  Juvenile Justice also come under the jurisdiction of the

  9  Department of Children and Family Services, either

10  simultaneously or following placement with the Department of

11  Juvenile Justice. The children who cross the jurisdiction of

12  the Department of Juvenile Justice's delinquency system and

13  the Department of Children and Family Services' dependency

14  system often have difficulty or cannot access needed services

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

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

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

18  homes, children who have committed domestic violence on

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

20  do not meet the criteria for detention.

21         (b)  The Legislature also finds that these children

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

23  lives and the success of their interventions.

24         (c)  The Legislature further finds that strong,

25  productive coordination and cooperation among the Department

26  of Juvenile Justice, the Department of Children and Family

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

28  goal of successfully serving these children.

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

30  shall organize and act as the chairperson of an interagency

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

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  1  and Family Services and the Commissioner of Education. The

  2  workgroup shall accomplish at least the following goals:

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

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

  5  and the Department of Children and Family Services;

  6         (b)  Identify issues involving local school districts

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

  8  the Department of Juvenile Justice and the Department of

  9  Children and Family Services in serving these children;

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

11  address these goals using the resources and authority

12  currently vested with these agencies, including, but not

13  limited to, sharing resources, timeframes for developing

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

15  from the jurisdiction of one agency to the jurisdiction of

16  another agency;

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

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

19  develop proposals for removing those inhibitors; and

20         (e)  Develop and execute an interagency agreement

21  specifying protocols for handling the identified issues that

22  can be managed within existing authority and resources and

23  articulate a mutual plan for addressing the issues that

24  require additional resources or authority, including the

25  manner in which the Department of Juvenile Justice, the

26  Department of Children and Family Services, and the Department

27  of Education shall:

28         1.  Establish a working relationship to provide

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

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

31  most efficient manner possible;

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  1         2.  Coordinate responses to court orders relative to

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

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

  4  within the jurisdiction of one department;

  5         3.  Handle the identified issues that can be managed

  6  within existing authority and resources and articulate a

  7  mutual plan for addressing the issues that require additional

  8  resources or authority; and

  9         4.  Conduct regular meetings, share information

10  concerning specific children and families, and resolve

11  disagreements between the departments regarding the

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

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

14  expertise of appropriate groups such as the Florida Supreme

15  Court committees, the Florida Network of Youth and Family

16  Services, the Florida Association of Counties, local school

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

18  Alcohol and Drug Abuse Association, and other groups in

19  addressing the issues identified by the workgroup. The

20  workgroup may form subcommittees to develop strategies for

21  addressing identified issues.

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

23  the accomplishments of the workgroup in addressing each of the

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

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

26  ensuring local adoption of the interagency agreement. The

27  department shall submit a written report to the President of

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

29  January 31, 2003.

30         Section 16.  The Legislature requests that the Supreme

31  Court establish a formal process that encourages and

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  1  facilitates the filing of stipulated agreements in

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

  3  facilitate consideration of the stipulated agreement by the

  4  court without necessitating an appearance before the court.

  5  This process should provide notice to the parties regarding

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

  7  filing or acceptance of agreements reached under duress or

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

  9  that such a hearing is necessary.

10         Section 17.  This act shall take effect July 1, 2002.

11

12          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
13                         Senate Bill 734

14

15  Redefines "domestic violence" and "family or household member"
    to include individuals who have or have had a dating
16  relationship.

17  Requests that the Supreme Court establish a formal process to
    encourage the filing of stipulated agreements for the
18  modification of family matter judgments that would not
    necessitate a court appearance.
19
    Revises the presuit mediation pilot program language as
20  follows:

21       Clarifies that the pilot programs are facilitating a
         process that does not require a court appearance in
22       addition to providing mediation services;

23       Makes the availability of funding contingent on both the
         Supreme Court developing a formal process that encourages
24       parties filing for modifications to not appear before the
         court and the pilot program's using this process;
25
         Removes reference to mediators certifying the agreements;
26
         Revises the required components of the evaluation; and
27
         Excludes domestic violence injunctions from the mediation
28       pilots.

29  Revises the conditions under which a law enforcement officer
    is considered acting within the scope of employment for the
30  purposes of workers' compensation to specifically reflect
    current law.
31

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