Senate Bill sb1686c1
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Florida Senate - 2007 CS for SB 1686
By the Committee on Judiciary; and Senator Rich
590-2616-07
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 1003.269, F.S.; providing legislative intent
7 with respect to implementing a unified family
8 court program; amending s. 61.402, F.S.;
9 revising qualifications for guardians ad litem;
10 providing an effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Paragraph (o) is added to subsection (1) of
15 section 39.001, Florida Statutes, to read:
16 39.001 Purposes and intent; personnel standards and
17 screening.--
18 (1) PURPOSES OF CHAPTER.--The purposes of this chapter
19 are:
20 (o) To provide a comprehensive and integrated approach
21 to handling all cases involving children and families which
22 come under the jurisdiction of the court and to resolve family
23 disputes in a fair, timely, efficient, and cost-effective
24 manner. The Legislature finds that it is in the best interests
25 of this state that our courts embrace methods of resolving
26 disputes which do not result in additional emotional harm to
27 the children and families who are required to interact with
28 the judicial system. The Legislature finds that the legal
29 system should focus on the needs of children, refer families
30 to resources that will make family relationships stronger,
31 coordinate family cases in order to provide consistent
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 1686
590-2616-07
1 results, and strive to leave families more stable than when
2 they entered the system. It is therefore the intent of the
3 Legislature to support the development of a unified family
4 court and to support the efforts of the state court system to
5 improve the resolution of disputes involving children and
6 families through a comprehensive and integrated approach that
7 includes coordinated case management; the concept of "one
8 family, one judge"; collaboration with the community for
9 referral to needed services; and the use of alternative
10 dispute resolution.
11 Section 2. Subsection (2) of section 61.001, Florida
12 Statutes, is amended to read:
13 61.001 Purpose of chapter.--
14 (2) Its purposes are:
15 (a) To preserve the integrity of marriage and to
16 safeguard meaningful family relationships;
17 (b) To promote the amicable settlement of disputes
18 that arise between parties to a marriage; and
19 (c) To mitigate the potential harm to the spouses and
20 their children caused by the process of legal dissolution of
21 marriage; and.
22 (d) To provide a comprehensive and integrated approach
23 to handling all cases involving spouses and their children
24 which come under the jurisdiction of the court and to resolve
25 family disputes in a fair, timely, efficient, and
26 cost-effective manner. The Legislature finds that it is in the
27 best interests of this state that our courts embrace methods
28 of resolving disputes which do not result in additional
29 emotional harm to the children and families who are required
30 to interact with the judicial system. The Legislature finds
31 that the legal system should focus on the needs of children,
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 1686
590-2616-07
1 refer families to resources that will make family
2 relationships stronger, coordinate family cases in order to
3 provide consistent results, and strive to leave families more
4 stable than when they entered the system. It is therefore the
5 intent of the Legislature to support the development of a
6 unified family court and to support the efforts of the state
7 court system to improve the resolution of disputes involving
8 children and families through a comprehensive and integrated
9 approach that includes coordinated case management; the
10 concept of "one family, one judge"; collaboration with the
11 community for referral to needed services; and the use of
12 alternative dispute resolution.
13 Section 3. Subsection (6) is added to section 63.022,
14 Florida Statutes, to read:
15 63.022 Legislative intent.--
16 (6) It is the intent of the Legislature to provide a
17 comprehensive and integrated approach to handling all cases
18 involving children and families which come under the
19 jurisdiction of the court and to resolve family disputes in a
20 fair, timely, efficient, and cost-effective manner. The
21 Legislature finds that it is in the best interests of this
22 state that our courts embrace methods of resolving disputes
23 which do not result in additional emotional harm to the
24 children and families who are required to interact with the
25 judicial system. The Legislature finds that the legal system
26 should focus on the needs of children, refer families to
27 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
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 1686
590-2616-07
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 4. Subsection (9) is added to section 68.07,
9 Florida Statues, to read:
10 68.07 Change of name.--
11 (9) It is the intent of the Legislature to provide a
12 comprehensive and integrated approach to handling all cases
13 involving children 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
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 1686
590-2616-07
1 referral to needed services; and the use of alternative
2 dispute resolution.
3 Section 5. Section 88.1041, Florida Statutes, is
4 created to read:
5 88.1041 Legislative intent with respect to tribunal's
6 role.--It is the intent of the Legislature to provide a
7 comprehensive and integrated approach to handling all cases
8 involving children and families which come under the
9 jurisdiction of the court and to resolve family disputes in a
10 fair, timely, efficient, and cost-effective manner. The
11 Legislature finds that it is in the best interests of this
12 state that our courts embrace methods of resolving disputes
13 which do not result in additional emotional harm to the
14 children and families who are required to interact with the
15 judicial system. The Legislature finds that the legal system
16 should focus on the needs of children, refer families to
17 resources that will make family relationships stronger,
18 coordinate family cases in order to provide consistent
19 results, and strive to leave families more stable than when
20 they entered the system. It is therefore the intent of the
21 Legislature to support the development of a unified family
22 court and to support the efforts of the state court system to
23 improve the resolution of disputes involving children and
24 families through a comprehensive and integrated approach that
25 includes coordinated case management; the concept of "one
26 family, one judge"; collaboration with the community for
27 referral to needed services; and the use of alternative
28 dispute resolution.
29 Section 6. Subsection (3) is added to section
30 741.2902, Florida Statutes, to read:
31
5
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Florida Senate - 2007 CS for SB 1686
590-2616-07
1 741.2902 Domestic violence; legislative intent with
2 respect to judiciary's role.--
3 (3) It is the intent of the Legislature to provide a
4 comprehensive and integrated approach to handling all cases
5 involving children and families which come under the
6 jurisdiction of the court and to resolve family disputes in a
7 fair, timely, efficient, and cost-effective manner. The
8 Legislature finds that it is in the best interests of this
9 state that our courts embrace methods of resolving disputes
10 which do not result in additional emotional harm to the
11 children and families who are required to interact with the
12 judicial system. The Legislature finds that the legal system
13 should focus on the needs of children, refer families to
14 resources that will make family relationships stronger,
15 coordinate family cases in order to provide consistent
16 results, and strive to leave families more stable than when
17 they entered the system. It is therefore the intent of the
18 Legislature to support the development of a unified family
19 court and to support the efforts of the state court system to
20 improve the resolution of disputes involving children and
21 families through a comprehensive and integrated approach that
22 includes coordinated case management; the concept of "one
23 family, one judge"; collaboration with the community for
24 referral to needed services; and the use of alternative
25 dispute resolution.
26 Section 7. Section 742.016, Florida Statutes, is
27 created to read:
28 742.016 Legislative intent with respect to the
29 judiciary's role.--It is the intent of the Legislature to
30 provide a comprehensive and integrated approach to handling
31 all cases involving children and families which come under the
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 1686
590-2616-07
1 jurisdiction of the court and to resolve family disputes in a
2 fair, timely, efficient, and cost-effective manner. The
3 Legislature finds that it is in the best interests of this
4 state that our courts embrace methods of resolving disputes
5 which do not result in additional emotional harm to the
6 children and families who are required to interact with the
7 judicial system. The Legislature finds that the legal system
8 should focus on the needs of children, refer families to
9 resources that will make family relationships stronger,
10 coordinate family cases in order to provide consistent
11 results, and strive to leave families more stable than when
12 they entered the system. It is therefore the intent of the
13 Legislature to support the development of a unified family
14 court and to support the efforts of the state court system to
15 improve the resolution of disputes involving children and
16 families through a comprehensive and integrated approach that
17 includes coordinated case management; the concept of "one
18 family, one judge"; collaboration with the community for
19 referral to needed services; and the use of alternative
20 dispute resolution.
21 Section 8. Section 743.001, Florida Statutes, is
22 created to read:
23 743.001 Legislative intent with respect to the
24 judiciary's role.--It is the intent of the Legislature to
25 provide a comprehensive and integrated approach to handling
26 all cases involving children and families which come under the
27 jurisdiction of the court and to resolve family disputes in a
28 fair, timely, efficient, and cost-effective manner. The
29 Legislature finds that it is in the best interests of this
30 state that our courts embrace methods of resolving disputes
31 which do not result in additional emotional harm to the
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 1686
590-2616-07
1 children and families who are required to interact with the
2 judicial system. The Legislature finds that the legal system
3 should focus on the needs of children, refer families to
4 resources that will make family relationships stronger,
5 coordinate family cases in order to provide consistent
6 results, and strive to leave families more stable than when
7 they entered the system. It is therefore the intent of the
8 Legislature to support the development of a unified family
9 court and to support the efforts of the state court system to
10 improve the resolution of disputes involving children and
11 families through a comprehensive and integrated approach that
12 includes coordinated case management; the concept of "one
13 family, one judge"; collaboration with the community for
14 referral to needed services; and the use of of alternative
15 dispute resolution.
16 Section 9. Paragraph (g) is added to subsection (1) of
17 section 984.01, Florida Statutes, to read:
18 984.01 Purposes and intent; personnel standards and
19 screening.--
20 (1) The purposes of this chapter are:
21 (g) To provide a comprehensive and integrated approach
22 to handling all cases involving children and families which
23 come under the jurisdiction of the court and to resolve family
24 disputes in a fair, timely, efficient, and cost-effective
25 manner. The Legislature finds that it is in the best interests
26 of this state that our courts embrace methods of resolving
27 disputes which do not result in additional emotional harm to
28 the children and families who are required to interact with
29 the judicial system. The Legislature finds that the legal
30 system should focus on the needs of children, refer families
31 to resources that will make family relationships stronger,
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 1686
590-2616-07
1 coordinate family cases in order to provide consistent
2 results, and strive to leave families more stable than when
3 they entered the system. It is therefore the intent of the
4 Legislature to support the development of a unified family
5 court and to support the efforts of the state court system to
6 improve the resolution of disputes involving children and
7 families through a comprehensive and integrated approach that
8 includes coordinated case management; the concept of "one
9 family, one judge"; collaboration with the community for
10 referral to needed services; and the use of alternative
11 dispute resolution.
12 Section 10. Paragraph (j) is added to subsection (1)
13 of section 985.02, Florida Statutes, to read:
14 985.02 Legislative intent for the juvenile justice
15 system.--
16 (1) GENERAL PROTECTIONS FOR CHILDREN.--It is a purpose
17 of the Legislature that the children of this state be provided
18 with the following protections:
19 (j) A comprehensive and integrated approach to
20 handling all cases involving children and families which come
21 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
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 1686
590-2616-07
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 11. Section 1003.269, Florida Statutes, is
11 created to read:
12 1003.269 Legislative intent with respect to the
13 judiciary's role.--It is the intent of the Legislature to
14 provide a comprehensive and integrated approach to handling
15 all cases involving students and families which come under the
16 jurisdiction of the court and to resolve family disputes in a
17 fair, timely, efficient, and cost-effective manner. The
18 Legislature finds that it is in the best interests of this
19 state that our courts embrace methods of resolving disputes
20 which do not result in additional emotional harm to the
21 children and families who are required to interact with the
22 judicial system. The Legislature finds that the legal system
23 should focus on the needs of children, refer families to
24 resources that will make family relationships stronger,
25 coordinate family cases in order to provide consistent
26 results, and strive to leave families more stable than when
27 they entered the system. It is therefore the intent of the
28 Legislature to support the development of a unified family
29 court and to support the efforts of the state court system to
30 improve the resolution of disputes involving children and
31 families through a comprehensive and integrated approach that
10
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 1686
590-2616-07
1 includes coordinated case management; the concept of "one
2 family, one judge"; collaboration with the community for
3 referral to needed services; and the use of alternative
4 dispute resolution.
5 Section 12. Section 61.402, Florida Statutes, is
6 amended to read:
7 61.402 Qualifications of guardians ad litem.--A
8 guardian ad litem must be either a citizen certified by the
9 Guardian Ad Litem Program to act in family law cases, a
10 citizen affiliated with a not-for-profit legal aid
11 organization defined in s. 68.096(4), or an attorney who is a
12 member in good standing of The Florida Bar. Prior to
13 certifying a guardian ad litem to be appointed under this
14 chapter, the Guardian Ad Litem Program must conduct a security
15 background investigation as provided in s. 39.821. A citizen
16 affiliated with a not-for-profit legal aid organization may
17 serve as a guardian ad litem only after he or she has
18 completed a positive security background investigation as
19 described in s. 39.821.
20 Section 13. This act shall take effect upon becoming a
21 law.
22
23 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
24 SB 1686
25
26 The committee substitute provides that a citizen affiliated
with a not-for-profit legal aid organization may become a
27 guardian ad litem, after completing a positive security
background investigation.
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29
30
31
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