eLaws of Florida

  SECTION 44.201. Citizen Dispute Settlement Centers; establishment; operation; confidentiality.  


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  • 1(1) 2The chief judge of a judicial circuit, after consultation with the board of county commissioners of a county or with two or more boards of county commissioners of counties within the judicial circuit, may establish a Citizen Dispute Settlement Center for such county or counties, with the approval of the Chief Justice.
    54(2)(a) 55Each Citizen Dispute Settlement Center shall be administered in accordance with rules adopted by a council composed of at least seven members. The chief judge of the judicial circuit shall serve as chair of the council and shall appoint the other members of the council. The membership of the council shall include a representative of the state attorney, each sheriff, a county court judge, and each board of county commissioners within the geographical jurisdiction of the center. In addition, council membership shall include two members of the general public who are not representatives of such officers or boards. The membership of the council also may include other interested persons.
    164(b) 165The council shall establish qualifications for and appoint a director of the center. The director shall administer the operations of the center.
    187(c) 188A council may seek and accept contributions from counties and municipalities within the geographical jurisdiction of the Citizen Dispute Settlement Center and from agencies of the Federal Government, private sources, and other available funds and may expend such funds to carry out the purposes of this section.
    235(3) 236The Citizen Dispute Settlement Center, subject to the approval of the council and the Chief Justice, shall formulate and implement a plan for creating an informal forum for the mediation and settlement of disputes. Such plan shall prescribe:
    274(a) 275Objectives and purposes of the center;
    281(b) 282Procedures for filing complaints with the center and for scheduling informal mediation sessions with the parties to a complaint;
    301(c) 302Screening procedures to ensure that each dispute mediated by the center meets the criteria of fitness for mediation as set by the council;
    325(d) 326Procedures for rejecting any dispute which does not meet the established criteria of fitness for mediation;
    342(e) 343Procedures for giving notice of the time, place, and nature of the mediation session to the parties and for conducting mediation sessions;
    365(f) 366Procedures to ensure that participation by all parties is voluntary; and
    377(g) 378Procedures by which any dispute that was referred to the center by a law enforcement agency, state attorney, court, or other agency and that fails at mediation, or that reaches settlement that is later breached, is reported to the referring agency.
    419(4)(a) 420Each mediation session conducted by a Citizen Dispute Settlement Center shall be nonjudicial and informal. No adjudication, sanction, or penalty may be made or imposed by the mediator or the center.
    451(b) 452A Citizen Dispute Settlement Center may refer the parties to judicial or nonjudicial supportive service agencies.
    468(5) 469Any information relating to a dispute obtained by any person while performing any duties for the center from the files, reports, case summaries, mediator’s notes, or other communications or materials is exempt from the provisions of s. 506119.07(1)507.
    508(6) 509No officer, council member, employee, volunteer, or agent of a Citizen Dispute Settlement Center shall be held liable for civil damages for any act or omission in the scope of employment or function, unless such person acted in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of the rights, safety, or property of another.
    570(7) 571Any Citizen Dispute Settlement Center in operation on October 1, 1985, may continue its operations in its current form with the approval of the chief judge of the judicial circuit in which such center is located, except that paragraph (4)(b) and subsections (5) and (6) shall apply to such centers.
    621(8) 622Any utility regulated by the Florida Public Service Commission is excluded from the provisions of this act.
History.-s. 2, ch. 85-228; s. 16, ch. 90-360; s. 263, ch. 95-147; s. 19, ch. 96-406; s. 3, ch. 2004-291.

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