Florida
Indian River

Small Claims

Program Overview: No known program.

Referral: No known program.

Selection, Qualification, and Training of Neutrals: No known program.

Payment/Costs/Funding: No known program.

Civil

Program Overview: No known program.

Referral: No known program.

Selection, Qualification, and Training of Neutrals: No known program.

Payment/Costs/Funding: No known program.

Family

Program Overview: Case types include evaluation/modification, equitable distribution, spousal support, child custody, visitation, paternity, and child support. Court-connected family mediation is housed in the Family Division. Private mediators are also available.

Referral: Mandatory for custody, visitation, or other parental responsibility issues as defined n F.S.A. 61.13. Most circuits use a dual system of referral, using staff or contract mediators for families with an income below a specific level, and referring other families to private mediators.

Selection, Qualifications, and Training of Neutrals: Under Florida Family Law Rules of Procedure. R. 12.740, individuals ordered to mediation have 10 days to agree upon a mediator who may or may not be certified. If there is no agreement, the court refers parties to a mediator selected from the rotation list maintained by the court or by some other manner adopted by administrative order of the chief judge.

Minimum qualifications for certification as a family mediator require a master’s degree or higher in social work, mental health, behavioral or social science; or be a physician certified to practice psychiatry; or be an attorney or certified public accountant licensed to practice in any U.S. jurisdiction; with at least 4 years practical experience in one of the aforementioned fields or 8 years family mediation experience with a minimum of 10 mediations/year. A minimum of 40 hours family mediation training, certified by the state supreme court; observation of 2 family mediations conducted by a certified family mediator; mediation of 2 cases supervised/observed by a certified family mediator; and good moral character are also required. (Florida Rules for Certified and Court-Appointed Mediators, R. 10.100(b))

Payment/Costs/Funding: Programs moved from county to state funding in July 2004. Families referred to private mediators are responsible for the costs. Some counties use volunteers or are funded such that there is no cost to the parties. State court rules restrict referral of family cases to mediation programs charging a fee unless the court has determined that parties are able to pay.

Appellate

Program Overview: The Fourth District Court of Appeal, which encompasses Indian River County as part of the Nineteenth Circuit, had established a mediation program. In 2001, due to statewide budget restrictions, program ceased operations.

Referral: No known program.

Selection, Qualification, and Training of Mediators: No known program.

Payment/Costs/Funding: No known program.

Criminal

Program Overview: No known program.

Referral: No known program.

Selection, Qualification, and Training of Mediators: No known program.

Payment/Costs/Funding: No known program.

Juvenile

Dependency: No known program.

Delinquency: The Delinquency Diversion Panel began in 1996. It targets first-time juvenile offenders who have committed minor offenses. Such cases are diverted from the Juvenile Division Judge, who then may spend time on more serious cases. Cases are approved for approval by the state attorney’s office under strict guidelines that include victim consent, no objection from law enforcement, defendant’s admission of guilt, and parent/guardian approval and cooperation. The panel is composed of volunteers trained and certified to hear case. Common offenses include retail theft, trespass, possession of alcohol by a minor, criminal mischief, and battery.

The panel processes the case in a series of 2 hearings approximately 45 days apart. The first hearing lasts about 40 minutes, and allows the child to discuss details of the arrest, including their relationship to co-defendants. The panel obtains information about school performance, parents’ punishment, home life, etc. Children and parents then leave the room to allow the panel to determine a list of punitive sanctions. Sanctions are then reviewed by all parties, and the child and parents sign a contract. Should the child reject the contract, the case returns to the state attorney’s office. If the contract is signed, a review hearing is scheduled approximately 45 days thereafter.

Common sanctions include letters of apology, touring the county jail, attending a felony sentencing hearing, up to 50 hours community service, curfews, anger management, substance abuse education, and written essays. Goal statements may also be included in the contract, and can involve educational and/or career plans, chores, etc.

In 1999 there were 111 cases referred to the program, 102 initial hearings, 97 review hearings, and 81 cases closed. In the first quarter of 2000 (the last period for which data is available), there were 29 initial hearings and 12 review hearings.

Teen Court: The Nineteenth Judicial Circuit’s Teen Court is the result of a partnership between the courts in the Circuit, state attorney’s office, Department of Juvenile Justice, high schools, and the public defender. Teen jurors decide the sentence for certain first-time misdemeanor offenders. As with most teen courts, if the offender completes the sanctions, no criminal record is incurred. Common offense include petit theft, retail theft, trespass, loitering, prowling, disorderly conduct, possession of tobacco, harassing phone calls, vandalism, property damage, and criminal mischief.

Training is provided by local high schools, attorneys, judges, law enforcement, and the Teen Court Coordinator. Students learn to argue constructively and effectively in a formal proceeding, follow courtroom procedure, direct and cross examination of witnesses, enter documents into evidence, etc.

The Florida Bar approved Teen Court volunteer service as qualifying under pro bono legal assistance, R. 4-6.1. For more information about providing pro bono services to Teen Court, call 561-462-1147.

Starting in 1999-2000, block grants of up to $10,000/school were available to participating schools.

Truancy: No known program.

Restorative Justice Programs

Sentencing Circle: No known program.

Victim-Offender: No known program.

Probate

Program Overview: No known program.

Referral: No known program.

Selection, Qualification, and Training of Neutrals: No known program.

Payment/Costs/Funding: No known program.