The Florida Bar

Florida Bar News

Bar entities take legislative positions involving kids

Regular News

Bar entities take legislative positions involving kids

Two new legislative positions affecting children tried and sentenced as adults have been approved for the Bar’s Legal Needs of Children Committee, and the Family Law Section is pursuing two positions relating to parents’ time-sharing of children following a divorce.

Legislation Committee Chair Michael Tanner reported to the Bar Board of Governors last month that the Executive Committee approved those legislative actions on March 9.

The Legal Needs of Children Committee was given permission to take two new legislative positions; both were contained in an official notice in the April 1 Bar News :

* Opposing “the direct filing of children to adult court in Florida and supporting the use of the judiciary as being solely responsible for making the decision as to whether a child should be prosecuted as an adult.”

* Supporting “legislation that recognizes children sentenced in adult court for more than 10 years have a meaningful opportunity for early release based on demonstrated maturity and rehabilitation.”

Two bills, HB 783 and SB 1082, that reduce the discretion of state attorneys to direct file against juveniles in adult court, have cleared their initial committees in the House and Senate but, as this Bar News went to press, have not been heard in subsequent committees. On reviewing the prison terms of children sentenced as adults, the Legislature passed a bill last year, but set the review period at 15, 20, or 25 years depending on the severity of the crime.

The Family Law Section’s advocacy on time-sharing of children issues comes as the House and Senate consider a bill overhauling the state’s alimony law, which the section supports. But it has expressed reservations about an attached provision that presumes a 50-50 sharing of child care.

The Executive Committee’s action means the Bar will not oppose the section advocating:

* For “legislation that promotes the active and equal involvement of both parents in parenting issues with no presumption for or against any time-sharing schedule.”

* Against “any presumption regarding time-sharing as each family is unique and a time-sharing schedule should be considered on a case by case basis.”

The House alimony legislation, HB 943, which had dropped the time-sharing issue as this News went to press, had cleared its committee assignments and was ready for action on the House floor. The Senate bill, SB 1248, had cleared two of its three committee assignments and was pending before the Appropriations Committee. It still had the time-sharing provision.

The Executive Committee, on March 9, also agreed the Bar would not oppose two legislative positions sought by other sections. Those were the Business Law Section’s support for revisions to Article 4A of the Uniform Commercial Code as proposed by the National Conference of Commissioners on Uniform State Laws, and the Public Interest Law Section’s support for a foreclosure process that protects tenants’ as well as homeowners’ rights.

The board unanimously ratified all of the Executive Committee actions.

News in Photos