IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT

IN AND FOR POLK, HIGHLANDS, AND HARDEE COUNTY, FLORIDA

WHEREAS in Department of Revenue child support cases one or both of the parents may desire a court order establishing custody and/or visitation rights during such proceedings; and

WHEREAS the State Attorney’s Office, program attorney for the Department of Revenue, is not permitted to represent parents concerning issues of custody and/or visitation in Department of Revenue child support cases; and

WHEREAS the Tenth Judicial Circuit has been awarded a Focus Grant to establish mediation in Department of Revenue Paternity/Child Support cases;

the purpose of this administrative order is to establish procedures for the mother and father in such cases to obtain an order establishing primary residence and/or a visitation schedule for the minor child(ren) at issue. It is, therefore,

ORDERED AND DIRECTED that

1. The Polk County Clerk of Court’s Family Mediation Department is hereby authorized to provide mediation services to address issues of custody and visitation in Department of Revenue cases in Polk, Highlands, and Hardee counties. The mediation office will follow procedures currently in place for reviewing each case regarding the appropriateness of participation in mediation given possible domestic violence issues and shall not conduct mediation when domestic violence issues make it inadvisable.

2. The State Attorney’s Office is hereby directed to include a separate document, titled Notice About Custody and Visitation, and its notice of limited representation with each notice of the initial hearing in all Department of Revenue establishment of child support cases. The purpose of the Notice About Custody and Visitation is to educate the parties regarding the procedures for obtaining an order establishing custody and/or visitation. A copy of the Notice About Custody and Visitation is attached hereto as Attachment 1A. Either party may submit the mediation request included in Attachment 1A directly to the Family Mediation Department. Upon receipt of a mediation request, the Family Mediation Department will forward an Order of Referral to a Circuit Court Judge of the Family Division.

3. Personnel in the Clerk’s Offices in Highlands, Hardee, and Polk Counties who meet the public with regard to Department of Revenue child support cases shall have available for distribution to parties who inquire about custody or visitation Attachment 1B as a means of informing those parties of the procedures for resolving custody and visitation issues in Department of Revenue cases.

4. If a party raises the issue of custody and/or visitation to an Assistant State Attorney or a Hearing Officer at a Department of Revenue establishment or enforcement of child support hearing, the party requesting such relief shall be provided a mediation request form. Upon receipt of a completed mediation request form, the Hearing Officer shall enter an order of referral to Family Mediation. The State Attorney’s Office is hereby authorized to provide request forms when requested by a party and to forward completed request forms to the Hearing Officer. An Order of Referral form is attached hereto as Attachment 2.

5. A request for mediation shall not in any way delay or interfere with Department of Revenue establishment or enforcement of child support hearings.

6. Any request for mediation submitted to the Family Mediation Department shall be placed in the court file.

7. The Family Mediation Department of the Polk County Clerk of Court is directed to provide notice to the parties of the requirement to attend the Positive Parenting Course prior to mediation along with its notice to the parties of the scheduled mediation.

8. If at any time, either parent in a Department of Revenue case referred to mediation files a petition to modify child support, the moving party shall forward a copy of the pleadings and all other documents or notices filed in the proceeding to the State Attorney’s Office prior to the court taking any action which may affect child support.

9. The mediation authorized by this order does not include mediation of child support issues.

10. In cases in which the parties attended mediation and reached an impasse, the Family Mediation office shall file a notice of impasse. The notice shall educate the parties regarding further procedures to obtain an order establishing custody and/or visitation and shall be substantially in the form of Attachment 3.

11. In cases in which mediation was scheduled but one of the parties failed to appear, the Family Mediation office shall file a notice of failure to appear and provide copies to both individual parties. The notice shall educate the parties regarding further procedures to obtain an order establishing custody and/or visitation and shall be substantially in the form of Attachment 4.

12. In cases in which the Family Mediation office finds that participation in mediation is inappropriate given possible domestic violence issues, the Family Mediation office shall file a notice of inappropriateness. The notice shall educate the parties regarding further procedures to obtain an order establishing custody and/or visitation and shall be substantially in the form of Attachment 5.

13. All notices as set forth in paragraphs 10, 11, and 12 above shall become part of the court file and copies will be provided to the parties involved. In any case in which mediation has been unsuccessful as set forth in paragraphs 10, 11, and 12 above, any document in the court file prepared pursuant to this administrative order shall not be deemed a pleading, and any party who, after the failure of such mediation efforts, desires to assert a claim to primary residential care of or visitation with the child(ren) shall be required to file the appropriate pleading pursuant to established procedures.

14. If the parties reach a mediated agreement, the Family Mediation office shall reduce the agreement to a writing which shall be signed by both parties and the mediator. The Family Mediation office shall then prepare a stipulated final judgment concerning parental responsibility in substantially the same form as Attachment 6. The Family Mediation office will provide pre-addressed envelopes to the individual parties with the final order and submit them to the assigned judge. A conformed copy of the order will be provided to the State Attorney’s Office.

15. All orders, notices, and final judgments filed pursuant to this order shall bear the name of the court and all parties, including the Department of Revenue, as well as the case number, all pursuant to existing practices and procedures.

16. Pursuant to Florida Statute 44.102(3), 2000, "Each party involved in a court-ordered mediation proceeding has a privilege to refuse to disclose, and to prevent any person present at the proceeding from disclosing, communications made during such proceeding. All oral or written communications in a mediation proceeding, other than an executed settlement agreement, shall be exempt from the requirements of [Florida Statutes] chapter 119 and shall be confidential and inadmissible as evidence in any subsequent legal proceeding, unless all parties agree otherwise."

ORDERED on this day of , 2001.

CHARLES B. CURRY

Chief Judge