| 1 | The Judiciary Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to court actions involving families; |
| 7 | amending ss. 39.001, 61.001, 63.022, 68.07, 741.2902, |
| 8 | 984.01, and 985.02, F.S., and creating ss. 88.1041, |
| 9 | 742.016, 743.001, and 1003.20, F.S.; providing additional |
| 10 | purposes relating to implementing a unified family court |
| 11 | program in the circuit courts; providing legislative |
| 12 | intent; providing an effective date. |
| 13 |
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| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
|
| 16 | Section 1. Paragraph (n) is added to subsection (1) of |
| 17 | section 39.001, Florida Statutes, to read: |
| 18 | 39.001 Purposes and intent; personnel standards and |
| 19 | screening.-- |
| 20 | (1) PURPOSES OF CHAPTER.--The purposes of this chapter |
| 21 | are: |
| 22 | (n) To provide all children and families with a fully |
| 23 | integrated, comprehensive approach to handling all cases that |
| 24 | involve children and families and a resolution of family |
| 25 | disputes in a fair, timely, efficient, and cost-effective |
| 26 | manner. It is the intent of the Legislature that the courts of |
| 27 | this state embrace methods of resolving disputes that do not |
| 28 | cause additional emotional harm to the children and families who |
| 29 | are required to interact with the judicial system. It is the |
| 30 | intent of the Legislature to support the development of a |
| 31 | unified family court and to support the state courts system's |
| 32 | efforts to improve the resolution of disputes involving children |
| 33 | and families through a fully integrated, comprehensive approach |
| 34 | that includes coordinated case management; the concept of "one |
| 35 | family, one judge"; collaboration with the community for |
| 36 | referral to needed services; and methods of alternative dispute |
| 37 | resolution. The Legislature supports the goal that the legal |
| 38 | system should focus on the needs of children who are involved in |
| 39 | the litigation, refer families to resources that will make |
| 40 | families' relationships stronger, coordinate families' cases to |
| 41 | provide consistent results, and strive to leave families in |
| 42 | better condition than when the families entered the system. |
| 43 | Section 2. Paragraph (d) is added to subsection (2) of |
| 44 | section 61.001, Florida Statutes, to read: |
| 45 | 61.001 Purpose of chapter.-- |
| 46 | (2) Its purposes are: |
| 47 | (d) To provide all children and families with a fully |
| 48 | integrated, comprehensive approach to handling all cases that |
| 49 | involve children and families and a resolution of family |
| 50 | disputes in a fair, timely, efficient, and cost-effective |
| 51 | manner. It is the intent of the Legislature that the courts of |
| 52 | this state embrace methods of resolving disputes that do not |
| 53 | cause additional emotional harm to the children and families who |
| 54 | are required to interact with the judicial system. It is the |
| 55 | intent of the Legislature to support the development of a |
| 56 | unified family court and to support the state courts system's |
| 57 | efforts to improve the resolution of disputes involving children |
| 58 | and families through a fully integrated, comprehensive approach |
| 59 | that includes coordinated case management; the concept of "one |
| 60 | family, one judge"; collaboration with the community for |
| 61 | referral to needed services; and methods of alternative dispute |
| 62 | resolution. The Legislature supports the goal that the legal |
| 63 | system should focus on the needs of children who are involved in |
| 64 | the litigation, refer families to resources that will make |
| 65 | families' relationships stronger, coordinate families' cases to |
| 66 | provide consistent results, and strive to leave families in |
| 67 | better condition than when the families entered the system. |
| 68 | Section 3. Subsection (6) is added to section 63.022, |
| 69 | Florida Statutes, to read: |
| 70 | 63.022 Legislative intent.-- |
| 71 | (6) It is the intent of the Legislature to provide all |
| 72 | children and families with a fully integrated, comprehensive |
| 73 | approach to handling all cases that involve children and |
| 74 | families and a resolution of family disputes in a fair, timely, |
| 75 | efficient, and cost-effective manner. It is the intent of the |
| 76 | Legislature that the courts of this state embrace methods of |
| 77 | resolving disputes that do not cause additional emotional harm |
| 78 | to the children and families who are required to interact with |
| 79 | the judicial system. It is the intent of the Legislature to |
| 80 | support the development of a unified family court and to support |
| 81 | the state courts system's efforts to improve the resolution of |
| 82 | disputes involving children and families through a fully |
| 83 | integrated, comprehensive approach that includes coordinated |
| 84 | case management; the concept of "one family, one judge"; |
| 85 | collaboration with the community for referral to needed |
| 86 | services; and methods of alternative dispute resolution. The |
| 87 | Legislature supports the goal that the legal system should focus |
| 88 | on the needs of children who are involved in the litigation, |
| 89 | refer families to resources that will make families' |
| 90 | relationships stronger, coordinate families' cases to provide |
| 91 | consistent results, and strive to leave families in better |
| 92 | condition than when the families entered the system. |
| 93 | Section 4. Subsection (9) is added to section 68.07, |
| 94 | Florida Statutes, to read: |
| 95 | 68.07 Change of name.-- |
| 96 | (9) It is the intent of the Legislature to provide all |
| 97 | children and families with a fully integrated, comprehensive |
| 98 | approach to handling all cases that involve children and |
| 99 | families and a resolution of family disputes in a fair, timely, |
| 100 | efficient, and cost-effective manner. It is the intent of the |
| 101 | Legislature that the courts of this state embrace methods of |
| 102 | resolving disputes that do not cause additional emotional harm |
| 103 | to the children and families who are required to interact with |
| 104 | the judicial system. It is the intent of the Legislature to |
| 105 | support the development of a unified family court and to support |
| 106 | the state courts system's efforts to improve the resolution of |
| 107 | disputes involving children and families through a fully |
| 108 | integrated, comprehensive approach that includes coordinated |
| 109 | case management; the concept of "one family, one judge"; |
| 110 | collaboration with the community for referral to needed |
| 111 | services; and methods of alternative dispute resolution. The |
| 112 | Legislature supports the goal that the legal system should focus |
| 113 | on the needs of children who are involved in the litigation, |
| 114 | refer families to resources that will make families' |
| 115 | relationships stronger, coordinate families' cases to provide |
| 116 | consistent results, and strive to leave families in better |
| 117 | condition than when the families entered the system. |
| 118 | Section 5. Section 88.1041, Florida Statutes, is created |
| 119 | to read: |
| 120 | 88.1041 Legislative intent.--It is the intent of the |
| 121 | Legislature to provide all children and families with a fully |
| 122 | integrated, comprehensive approach to handling all cases that |
| 123 | involve children and families and a resolution of family |
| 124 | disputes in a fair, timely, efficient, and cost-effective |
| 125 | manner. It is the intent of the Legislature that the courts of |
| 126 | this state embrace methods of resolving disputes that do not |
| 127 | cause additional emotional harm to the children and families who |
| 128 | are required to interact with the judicial system. It is the |
| 129 | intent of the Legislature to support the development of a |
| 130 | unified family court and to support the state courts system's |
| 131 | efforts to improve the resolution of disputes involving children |
| 132 | and families through a fully integrated, comprehensive approach |
| 133 | that includes coordinated case management; the concept of "one |
| 134 | family, one judge"; collaboration with the community for |
| 135 | referral to needed services; and methods of alternative dispute |
| 136 | resolution. The Legislature supports the goal that the legal |
| 137 | system should focus on the needs of children who are involved in |
| 138 | the litigation, refer families to resources that will make |
| 139 | families' relationships stronger, coordinate families' cases to |
| 140 | provide consistent results, and strive to leave families in |
| 141 | better condition than when the families entered the system. |
| 142 | Section 6. Subsection (3) is added to section 741.2902, |
| 143 | Florida Statutes, to read: |
| 144 | 741.2902 Domestic violence; legislative intent with |
| 145 | respect to judiciary's role.-- |
| 146 | (3) It is the intent of the Legislature to provide all |
| 147 | children and families with a fully integrated, comprehensive |
| 148 | approach to handling all cases that involve children and |
| 149 | families and a resolution of family disputes in a fair, timely, |
| 150 | efficient, and cost-effective manner. It is the intent of the |
| 151 | Legislature that the courts of this state embrace methods of |
| 152 | resolving disputes that do not cause additional emotional harm |
| 153 | to the children and families who are required to interact with |
| 154 | the judicial system. It is the intent of the Legislature to |
| 155 | support the development of a unified family court and to support |
| 156 | the state courts system's efforts to improve the resolution of |
| 157 | disputes involving children and families through a fully |
| 158 | integrated, comprehensive approach that includes coordinated |
| 159 | case management; the concept of "one family, one judge"; |
| 160 | collaboration with the community for referral to needed |
| 161 | services; and methods of alternative dispute resolution. The |
| 162 | Legislature supports the goal that the legal system should focus |
| 163 | on the needs of children who are involved in the litigation, |
| 164 | refer families to resources that will make families' |
| 165 | relationships stronger, coordinate families' cases to provide |
| 166 | consistent results, and strive to leave families in better |
| 167 | condition than when the families entered the system. |
| 168 | Section 7. Section 742.016, Florida Statutes, is created |
| 169 | to read: |
| 170 | 742.016 Legislative intent.--It is the intent of the |
| 171 | Legislature to provide all children and families with a fully |
| 172 | integrated, comprehensive approach to handling all cases that |
| 173 | involve children and families and a resolution of family |
| 174 | disputes in a fair, timely, efficient, and cost-effective |
| 175 | manner. It is the intent of the Legislature that the courts of |
| 176 | this state embrace methods of resolving disputes that do not |
| 177 | cause additional emotional harm to the children and families who |
| 178 | are required to interact with the judicial system. It is the |
| 179 | intent of the Legislature to support the development of a |
| 180 | unified family court and to support the state courts system's |
| 181 | efforts to improve the resolution of disputes involving children |
| 182 | and families through a fully integrated, comprehensive approach |
| 183 | that includes coordinated case management; the concept of "one |
| 184 | family, one judge"; collaboration with the community for |
| 185 | referral to needed services; and methods of alternative dispute |
| 186 | resolution. The Legislature supports the goal that the legal |
| 187 | system should focus on the needs of children who are involved in |
| 188 | the litigation, refer families to resources that will make |
| 189 | families' relationships stronger, coordinate families' cases to |
| 190 | provide consistent results, and strive to leave families in |
| 191 | better condition than when the families entered the system. |
| 192 | Section 8. Section 743.001, Florida Statutes, is created |
| 193 | to read: |
| 194 | 743.001 Legislative intent.--It is the intent of the |
| 195 | Legislature to provide all children and families with a fully |
| 196 | integrated, comprehensive approach to handling all cases that |
| 197 | involve children and families and a resolution of family |
| 198 | disputes in a fair, timely, efficient, and cost-effective |
| 199 | manner. It is the intent of the Legislature that the courts of |
| 200 | this state embrace methods of resolving disputes that do not |
| 201 | cause additional emotional harm to the children and families who |
| 202 | are required to interact with the judicial system. It is the |
| 203 | intent of the Legislature to support the development of a |
| 204 | unified family court and to support the state courts system's |
| 205 | efforts to improve the resolution of disputes involving children |
| 206 | and families through a fully integrated, comprehensive approach |
| 207 | that includes coordinated case management; the concept of "one |
| 208 | family, one judge"; collaboration with the community for |
| 209 | referral to needed services; and methods of alternative dispute |
| 210 | resolution. The Legislature supports the goal that the legal |
| 211 | system should focus on the needs of children who are involved in |
| 212 | the litigation, refer families to resources that will make |
| 213 | families' relationships stronger, coordinate families' cases to |
| 214 | provide consistent results, and strive to leave families in |
| 215 | better condition than when the families entered the system. |
| 216 | Section 9. Paragraph (g) is added to subsection (1) of |
| 217 | section 984.01, Florida Statutes, to read: |
| 218 | 984.01 Purposes and intent; personnel standards and |
| 219 | screening.-- |
| 220 | (1) The purposes of this chapter are: |
| 221 | (g) To provide all children and families with a fully |
| 222 | integrated, comprehensive approach to handling all cases that |
| 223 | involve children and families and a resolution of family |
| 224 | disputes in a fair, timely, efficient, and cost-effective |
| 225 | manner. It is the intent of the Legislature that the courts of |
| 226 | this state embrace methods of resolving disputes that do not |
| 227 | cause additional emotional harm to the children and families who |
| 228 | are required to interact with the judicial system. It is the |
| 229 | intent of the Legislature to support the development of a |
| 230 | unified family court and to support the state courts system's |
| 231 | efforts to improve the resolution of disputes involving children |
| 232 | and families through a fully integrated, comprehensive approach |
| 233 | that includes coordinated case management; the concept of "one |
| 234 | family, one judge"; collaboration with the community for |
| 235 | referral to needed services; and methods of alternative dispute |
| 236 | resolution. The Legislature supports the goal that the legal |
| 237 | system should focus on the needs of children who are involved in |
| 238 | the litigation, refer families to resources that will make |
| 239 | families' relationships stronger, coordinate families' cases to |
| 240 | provide consistent results, and strive to leave families in |
| 241 | better condition than when the families entered the system. |
| 242 | Section 10. Paragraph (j) is added to subsection (1) of |
| 243 | section 985.02, Florida Statutes, to read: |
| 244 | 985.02 Legislative intent for the juvenile justice |
| 245 | system.-- |
| 246 | (1) GENERAL PROTECTIONS FOR CHILDREN.--It is a purpose of |
| 247 | the Legislature that the children of this state be provided with |
| 248 | the following protections: |
| 249 | (j) A fully integrated, comprehensive approach to handling |
| 250 | all cases that involve children and families and a resolution of |
| 251 | family disputes in a fair, timely, efficient, and cost-effective |
| 252 | manner. It is the intent of the Legislature that the courts of |
| 253 | this state embrace methods of resolving disputes that do not |
| 254 | cause additional emotional harm to the children and families who |
| 255 | are required to interact with the judicial system. It is the |
| 256 | intent of the Legislature to support the development of a |
| 257 | unified family court and to support the state courts system's |
| 258 | efforts to improve the resolution of disputes involving children |
| 259 | and families through a fully integrated, comprehensive approach |
| 260 | that includes coordinated case management; the concept of "one |
| 261 | family, one judge"; collaboration with the community for |
| 262 | referral to needed services; and methods of alternative dispute |
| 263 | resolution. The Legislature supports the goal that the legal |
| 264 | system should focus on the needs of children who are involved in |
| 265 | the litigation, refer families to resources that will make |
| 266 | families' relationships stronger, coordinate families' cases to |
| 267 | provide consistent results, and strive to leave families in |
| 268 | better condition than when the families entered the system. |
| 269 | Section 11. Section 1003.20, Florida Statutes, is created |
| 270 | to read: |
| 271 | 1003.20 Legislative intent.--It is the intent of the |
| 272 | Legislature to provide all children and families with a fully |
| 273 | integrated, comprehensive approach to handling all cases that |
| 274 | involve children and families and a resolution of family |
| 275 | disputes in a fair, timely, efficient, and cost-effective |
| 276 | manner. It is the intent of the Legislature that the courts of |
| 277 | this state embrace methods of resolving disputes that do not |
| 278 | cause additional emotional harm to the children and families who |
| 279 | are required to interact with the judicial system. It is the |
| 280 | intent of the Legislature to support the development of a |
| 281 | unified family court and to support the state courts system's |
| 282 | efforts to improve the resolution of disputes involving children |
| 283 | and families through a fully integrated, comprehensive approach |
| 284 | that includes coordinated case management; the concept of "one |
| 285 | family, one judge"; collaboration with the community for |
| 286 | referral to needed services; and methods of alternative dispute |
| 287 | resolution. The Legislature supports the goal that the legal |
| 288 | system should focus on the needs of children who are involved in |
| 289 | the litigation, refer families to resources that will make |
| 290 | families' relationships stronger, coordinate families' cases to |
| 291 | provide consistent results, and strive to leave families in |
| 292 | better condition than when the families entered the system. |
| 293 | Section 12. This act shall take effect July 1, 2006. |