HB 1207

1	A bill to be entitled
2	An act relating to parenting coordination; amending s.
3	61.046, F.S.; providing definitions; creating s. 61.125,
4	F.S.; creating the parenting coordination program;
5	authorizing the court to appoint a parenting coordinator
6	in certain proceedings; providing that communications with
7	a parenting coordinator are not confidential except in
8	certain situations; establishing the qualifications for a
9	parenting coordinator; requiring the court to determine a
10	party's financial ability to pay for certain services
11	under certain circumstances; providing for compensation;
12	restricting parenting coordinators from serving in certain
13	cases; providing civil immunity for parenting coordinators
14	acting within the scope of employment; providing an
15	effective date.
16
17	Be It Enacted by the Legislature of the State of Florida:
18
19	Section 1.  Subsections (14), (15), (16), (17), (18), (19),
20	and (20) of section 61.046, Florida Statutes, are renumbered as
21	subsections (15), (16), (18), (19), (20), (21), and (22),
22	respectively, and new subsections (14) and (17) are added to
23	said section, to read:
24	61.046  Definitions.--As used in this chapter:
25	(14)  "Parenting coordination" means a process in which a
26	parenting coordinator helps the parties implement their
27	parenting plan by facilitating the resolution of disputes
28	between parents or legal guardians and, with the prior approval
29	of the parties and the court, assisting the parties in the
30	development of their parenting plan by making decisions within
31	the scope of the court order of appointment.
32	(17)  "Shared parenting plan" means a temporary or final
33	court order setting out the residence, parental responsibility,
34	visitation, or other parental responsibility issues in a
35	dissolution of marriage proceeding or any other civil action
36	involving custody or parenting of a child or children. This
37	subsection shall not apply to proceedings under chapter 39.
38	Section 2.  Section 61.125, Florida Statutes, is created to
39	read:
40	61.125  Court-ordered parenting coordination.--
41	(1)  After due notice, the court may, on its own motion, a
42	motion by one of the parties, or an agreement by the parties,
43	appoint a parenting coordinator if the court finds all of the
44	following:
45	(a)  The parties failed to adequately implement their
46	shared parenting plan in relation to the child or children who
47	are the subject or subjects of the proceedings.
48	(b)  Mediation has not been successful or has been
49	determined by the judge to be inappropriate.
50	(c)  The appointment of a parenting coordinator is in the
51	best interest of the child or children involved in the
52	proceedings.
53	(2)  With written consent of the parties, the court may
54	order that the parenting coordinator has the authority to
55	determine specific matters related to implementing the shared
56	parenting plan. This determination shall become binding on the
57	parties until the court finds otherwise. The coordinator's
58	determination is subject to de novo review.
59	(3)  Communications with the parenting coordinator are not
60	confidential, unless the court finds that designation as
61	confidential of all or part of the communications is in the best
62	interest of the child or children involved. Such determination
63	must be agreed upon by both parties and the coordinator.
64	(4)  Unless otherwise agreed to by the parties, each person
65	appointed by the court to serve as a parenting coordinator shall
66	meet all of the following qualifications:
67	(a)  Licensure as a mental health professional pursuant to
68	chapter 490 or chapter 491, or licensure as a physician pursuant
69	to chapter 458 with certification by the American Board of
70	Psychiatry and Neurology.
71	(b)  Three years of postlicensure practice.
72	(c)  Completion of a Florida Supreme Court certified family
73	mediation training program.
74	(d)  A minimum of 20 hours of parenting coordination
75	training, including:
76	1.  Parenting coordination concepts and ethics.
77	2.  Family dynamics in separation and divorce.
78	3.  The parenting coordination process.
79	4.  Parenting coordination techniques.
80	5.  Family court procedures.
81
82	Service as a parenting coordinator in four or more cases before
83	October 1, 2004, may be substituted for the requirements of
84	paragraphs (a) and (b). Additional qualifications may be
85	established by the Florida Supreme Court or by the chief judge
86	in the circuit in which the parenting coordinator provides
87	services.
88	(5)  Unless otherwise agreed to by the parties, family
89	matters and issues may be referred to a parenting coordinator or
90	parenting coordination program which charges a fee only if the
91	court has determined that the parties have the financial ability
92	to pay such a fee. The determination may be based upon financial
93	affidavits submitted by the parties or other financial
94	information available to the court.
95	(6)  A parenting coordinator may be compensated by the
96	parties or by public funds to the extent available.
97	(7)  The parenting coordinator may not serve as a child
98	custody evaluator in a proceeding involving one or more parties
99	for whom he or she has provided prior parenting coordination
100	services. The parenting coordinator shall not be permitted to
101	provide a recommendation or opinion on child custody or primary
102	physical residence.
103	(8)  No parenting coordinator shall be held liable for
104	civil damages for any act or omission in the scope of the
105	coordinator's employment or function, unless such person acted
106	in bad faith or with malicious purpose, or in a manner
107	exhibiting wanton and willful disregard of the rights, safety,
108	or property of the parties.
109	Section 3.  This act shall take effect October 1, 2004.

CODING: Words stricken are deletions; words underlined are additions.