Senate Bill sb1686

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    Florida Senate - 2007                                  SB 1686

    By Senator Rich





    34-1776-07

  1                      A bill to be entitled

  2         An act relating to court actions involving

  3         families; amending ss. 39.001, 61.001, 63.022,

  4         68.07, 741.2902, 984.01, and 985.02, F.S., and

  5         creating ss. 88.1041, 742.016, 743.001, and

  6         1003.296, F.S.; providing legislative intent

  7         with respect to implementing a unified family

  8         court program; providing an effective date.

  9  

10  Be It Enacted by the Legislature of the State of Florida:

11  

12         Section 1.  Paragraph (o) is added to subsection (1) of

13  section 39.001, Florida Statutes, to read:

14         39.001  Purposes and intent; personnel standards and

15  screening.--

16         (1)  PURPOSES OF CHAPTER.--The purposes of this chapter

17  are:

18         (o)  To provide a comprehensive and integrated approach

19  to handling all cases involving children and families which

20  come under the jurisdiction of the court and to resolve family

21  disputes in a fair, timely, efficient, and cost-effective

22  manner. The Legislature finds that it is in the best interests

23  of this state that our courts embrace methods of resolving

24  disputes which do not result in additional emotional harm to

25  the children and families who are required to interact with

26  the judicial system. The Legislature finds that the legal

27  system should focus on the needs of children, refer families

28  to resources that will make family relationships stronger,

29  coordinate family cases in order to provide consistent

30  results, and strive to leave families more stable than when

31  they entered the system. It is therefore the intent of the

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    Florida Senate - 2007                                  SB 1686
    34-1776-07




 1  Legislature to support the development of a unified family

 2  court and to support the efforts of the state court system to

 3  improve the resolution of disputes involving children and

 4  families through a comprehensive and integrated approach that

 5  includes coordinated case management; the concept of "one

 6  family, one judge"; collaboration with the community for

 7  referral to needed services; and the use of alternative

 8  dispute resolution.

 9         Section 2.  Subsection (2) of section 61.001, Florida

10  Statutes, is amended to read:

11         61.001  Purpose of chapter.--

12         (2)  Its purposes are:

13         (a)  To preserve the integrity of marriage and to

14  safeguard meaningful family relationships;

15         (b)  To promote the amicable settlement of disputes

16  that arise between parties to a marriage; and

17         (c)  To mitigate the potential harm to the spouses and

18  their children caused by the process of legal dissolution of

19  marriage; and.

20         (d)  To provide a comprehensive and integrated approach

21  to handling all cases involving spouses and their children

22  which come under the jurisdiction of the court and to resolve

23  family disputes in a fair, timely, efficient, and

24  cost-effective manner. The Legislature finds that it is in the

25  best interests of this state that our courts embrace methods

26  of resolving disputes which do not result in additional

27  emotional harm to the children and families who are required

28  to interact with the judicial system. The Legislature finds

29  that the legal system should focus on the needs of children,

30  refer families to resources that will make family

31  relationships stronger, coordinate family cases in order to

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    Florida Senate - 2007                                  SB 1686
    34-1776-07




 1  provide consistent results, and strive to leave families more

 2  stable than when they entered the system. It is therefore the

 3  intent of the Legislature to support the development of a

 4  unified family court and to support the efforts of the state

 5  court system to improve the resolution of disputes involving

 6  children and families through a comprehensive and integrated

 7  approach that includes coordinated case management; the

 8  concept of "one family, one judge"; collaboration with the

 9  community for referral to needed services; and the use of

10  alternative dispute resolution.

11         Section 3.  Subsection (6) is added to section 63.022,

12  Florida Statutes, to read:

13         63.022  Legislative intent.--

14         (6)  It is the intent of the Legislature to provide a

15  comprehensive and integrated approach to handling all cases

16  involving children and families which come under the

17  jurisdiction of the court and to resolve family disputes in a

18  fair, timely, efficient, and cost-effective manner. The

19  Legislature finds that it is in the best interests of this

20  state that our courts embrace methods of resolving disputes

21  which do not result in additional emotional harm to the

22  children and families who are required to interact with the

23  judicial system. The Legislature finds that the legal system

24  should focus on the needs of children, refer families to

25  resources that will make family relationships stronger,

26  coordinate family cases in order to provide consistent

27  results, and strive to leave families more stable than when

28  they entered the system. It is therefore the intent of the

29  Legislature to support the development of a unified family

30  court and to support the efforts of the state court system to

31  improve the resolution of disputes involving children and

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    Florida Senate - 2007                                  SB 1686
    34-1776-07




 1  families through a comprehensive and integrated approach that

 2  includes coordinated case management; the concept of "one

 3  family, one judge"; collaboration with the community for

 4  referral to needed services; and the use of alternative

 5  dispute resolution.

 6         Section 4.  Subsection (9) is added to section 68.07,

 7  Florida Statues, to read:

 8         68.07  Change of name.--

 9         (9)  It is the intent of the Legislature to provide a

10  comprehensive and integrated approach to handling all cases

11  involving children and families which come under the

12  jurisdiction of the court and to resolve family disputes in a

13  fair, timely, efficient, and cost-effective manner. The

14  Legislature finds that it is in the best interests of this

15  state that our courts embrace methods of resolving disputes

16  which do not result in additional emotional harm to the

17  children and families who are required to interact with the

18  judicial system. The Legislature finds that the legal system

19  should focus on the needs of children, refer families to

20  resources that will make family relationships stronger,

21  coordinate family cases in order to provide consistent

22  results, and strive to leave families more stable than when

23  they entered the system. It is therefore the intent of the

24  Legislature to support the development of a unified family

25  court and to support the efforts of the state court system to

26  improve the resolution of disputes involving children and

27  families through a comprehensive and integrated approach that

28  includes coordinated case management; the concept of "one

29  family, one judge"; collaboration with the community for

30  referral to needed services; and the use of alternative

31  dispute resolution.

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    Florida Senate - 2007                                  SB 1686
    34-1776-07




 1         Section 5.  Section 88.1041, Florida Statutes, is

 2  created to read:

 3         88.1041  Legislative intent with respect to tribunal's

 4  role.--It is the intent of the Legislature to provide a

 5  comprehensive and integrated approach to handling all cases

 6  involving children and families which come under the

 7  jurisdiction of the court and to resolve family disputes in a

 8  fair, timely, efficient, and cost-effective manner. The

 9  Legislature finds that it is in the best interests of this

10  state that our courts embrace methods of resolving disputes

11  which do not result in additional emotional harm to the

12  children and families who are required to interact with the

13  judicial system. The Legislature finds that the legal system

14  should focus on the needs of children, refer families to

15  resources that will make family relationships stronger,

16  coordinate family cases in order to provide consistent

17  results, and strive to leave families more stable than when

18  they entered the system. It is therefore the intent of the

19  Legislature to support the development of a unified family

20  court and to support the efforts of the state court system to

21  improve the resolution of disputes involving children and

22  families through a comprehensive and integrated approach that

23  includes coordinated case management; the concept of "one

24  family, one judge"; collaboration with the community for

25  referral to needed services; and the use of alternative

26  dispute resolution.

27         Section 6.  Subsection (3) is added to section

28  741.2902, Florida Statutes, to read:

29         741.2902  Domestic violence; legislative intent with

30  respect to judiciary's role.--

31  

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    Florida Senate - 2007                                  SB 1686
    34-1776-07




 1         (3)  It is the intent of the Legislature to provide a

 2  comprehensive and integrated approach to handling all cases

 3  involving children and families which come under the

 4  jurisdiction of the court and to resolve family disputes in a

 5  fair, timely, efficient, and cost-effective manner. The

 6  Legislature finds that it is in the best interests of this

 7  state that our courts embrace methods of resolving disputes

 8  which do not result in additional emotional harm to the

 9  children and families who are required to interact with the

10  judicial system. The Legislature finds that the legal system

11  should focus on the needs of children, refer families to

12  resources that will make family relationships stronger,

13  coordinate family cases in order to provide consistent

14  results, and strive to leave families more stable than when

15  they entered the system. It is therefore the intent of the

16  Legislature to support the development of a unified family

17  court and to support the efforts of the state court system to

18  improve the resolution of disputes involving children and

19  families through a comprehensive and integrated approach that

20  includes coordinated case management; the concept of "one

21  family, one judge"; collaboration with the community for

22  referral to needed services; and the use of alternative

23  dispute resolution.

24         Section 7.  Section 742.016, Florida Statutes, is

25  created to read:

26         742.016  Legislative intent with respect to the

27  judiciary's role.--It is the intent of the Legislature to

28  provide a comprehensive and integrated approach to handling

29  all cases involving children and families which come under the

30  jurisdiction of the court and to resolve family disputes in a

31  fair, timely, efficient, and cost-effective manner. The

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    Florida Senate - 2007                                  SB 1686
    34-1776-07




 1  Legislature finds that it is in the best interests of this

 2  state that our courts embrace methods of resolving disputes

 3  which do not result in additional emotional harm to the

 4  children and families who are required to interact with the

 5  judicial system. The Legislature finds that the legal system

 6  should focus on the needs of children, refer families to

 7  resources that will make family relationships stronger,

 8  coordinate family cases in order to provide consistent

 9  results, and strive to leave families more stable than when

10  they entered the system. It is therefore the intent of the

11  Legislature to support the development of a unified family

12  court and to support the efforts of the state court system to

13  improve the resolution of disputes involving children and

14  families through a comprehensive and integrated approach that

15  includes coordinated case management; the concept of "one

16  family, one judge"; collaboration with the community for

17  referral to needed services; and the use of alternative

18  dispute resolution.

19         Section 8.  Section 743.001, Florida Statutes, is

20  created to read:

21         743.001  Legislative intent with respect to the

22  judiciary's role.--It is the intent of the Legislature to

23  provide a comprehensive and integrated approach to handling

24  all cases involving children and families which come under the

25  jurisdiction of the court and to resolve family disputes in a

26  fair, timely, efficient, and cost-effective manner. The

27  Legislature finds that it is in the best interests of this

28  state that our courts embrace methods of resolving disputes

29  which do not result in additional emotional harm to the

30  children and families who are required to interact with the

31  judicial system. The Legislature finds that the legal system

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    Florida Senate - 2007                                  SB 1686
    34-1776-07




 1  should focus on the needs of children, refer families to

 2  resources that will make family relationships stronger,

 3  coordinate family cases in order to provide consistent

 4  results, and strive to leave families more stable than when

 5  they entered the system. It is therefore the intent of the

 6  Legislature to support the development of a unified family

 7  court and to support the efforts of the state court system to

 8  improve the resolution of disputes involving children and

 9  families through a comprehensive and integrated approach that

10  includes coordinated case management; the concept of "one

11  family, one judge"; collaboration with the community for

12  referral to needed services; and the use of of alternative

13  dispute resolution.

14         Section 9.  Paragraph (g) is added to subsection (1) of

15  section 984.01, Florida Statutes, to read:

16         984.01  Purposes and intent; personnel standards and

17  screening.--

18         (1)  The purposes of this chapter are:

19         (g)  To provide a comprehensive and integrated approach

20  to handling all cases involving children and families which

21  come under the jurisdiction of the court and to resolve family

22  disputes in a fair, timely, efficient, and cost-effective

23  manner. The Legislature finds that it is in the best interests

24  of this state that our courts embrace methods of resolving

25  disputes which do not result in additional emotional harm to

26  the children and families who are required to interact with

27  the judicial system. The Legislature finds that the legal

28  system should focus on the needs of children, refer families

29  to resources that will make family relationships stronger,

30  coordinate family cases in order to provide consistent

31  results, and strive to leave families more stable than when

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    Florida Senate - 2007                                  SB 1686
    34-1776-07




 1  they entered the system. It is therefore the intent of the

 2  Legislature to support the development of a unified family

 3  court and to support the efforts of the state court system to

 4  improve the resolution of disputes involving children and

 5  families through a comprehensive and integrated approach that

 6  includes coordinated case management; the concept of "one

 7  family, one judge"; collaboration with the community for

 8  referral to needed services; and the use of alternative

 9  dispute resolution.

10         Section 10.  Paragraph (j) is added to subsection (1)

11  of section 985.02, Florida Statutes, to read:

12         985.02  Legislative intent for the juvenile justice

13  system.--

14         (1)  GENERAL PROTECTIONS FOR CHILDREN.--It is a purpose

15  of the Legislature that the children of this state be provided

16  with the following protections:

17         (j)  A comprehensive and integrated approach to

18  handling all cases involving children and families which come

19  under the jurisdiction of the court and to resolve family

20  disputes in a fair, timely, efficient, and cost-effective

21  manner. The Legislature finds that it is in the best interests

22  of this state that our courts embrace methods of resolving

23  disputes which do not result in additional emotional harm to

24  the children and families who are required to interact with

25  the judicial system. The Legislature finds that the legal

26  system should focus on the needs of children, refer families

27  to resources that will make family relationships stronger,

28  coordinate family cases in order to provide consistent

29  results, and strive to leave families more stable than when

30  they entered the system. It is therefore the intent of the

31  Legislature to support the development of a unified family

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    Florida Senate - 2007                                  SB 1686
    34-1776-07




 1  court and to support the efforts of the state court system to

 2  improve the resolution of disputes involving children and

 3  families through a comprehensive and integrated approach that

 4  includes coordinated case management; the concept of "one

 5  family, one judge"; collaboration with the community for

 6  referral to needed services; and the use of alternative

 7  dispute resolution.

 8         Section 11.  Section 1003.269, Florida Statutes, is

 9  created to read:

10         1003.269  Legislative intent with respect to the

11  judiciary's role.--It is the intent of the Legislature to

12  provide a comprehensive and integrated approach to handling

13  all cases involving students and families which come under the

14  jurisdiction of the court and to resolve family disputes in a

15  fair, timely, efficient, and cost-effective manner. The

16  Legislature finds that it is in the best interests of this

17  state that our courts embrace methods of resolving disputes

18  which do not result in additional emotional harm to the

19  children and families who are required to interact with the

20  judicial system. The Legislature finds that the legal system

21  should focus on the needs of children, refer families to

22  resources that will make family relationships stronger,

23  coordinate family cases in order to provide consistent

24  results, and strive to leave families more stable than when

25  they entered the system. It is therefore the intent of the

26  Legislature to support the development of a unified family

27  court and to support the efforts of the state court system to

28  improve the resolution of disputes involving children and

29  families through a comprehensive and integrated approach that

30  includes coordinated case management; the concept of "one

31  family, one judge"; collaboration with the community for

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    Florida Senate - 2007                                  SB 1686
    34-1776-07




 1  referral to needed services; and the use of alternative

 2  dispute resolution.

 3         Section 12.  This act shall take effect upon becoming a

 4  law.

 5  

 6            *****************************************

 7                          SENATE SUMMARY

 8    Amends various chapters of law to provide legislative
      intent with respect to implementing a unified family
 9    court program.

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