Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. CS for SB 628

601538

CHAMBER ACTION

Senate

Comm: RCS

3/11/2008

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House



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The Committee on Judiciary (Joyner) recommended the following

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amendment:

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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

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section 39.001, Florida Statutes, to read:

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     39.001  Purposes and intent; personnel standards and

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screening.--

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

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are:

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     (o) To provide all children and families with a fully

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integrated, comprehensive approach to handling all cases that

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involve children and families and a resolution of family

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

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manner. It is the intent of the Legislature that the courts of

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this state embrace methods of resolving disputes that do not

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cause additional emotional harm to the children and families who

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are required to interact with the judicial system. It is the

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intent of the Legislature to support the development of a

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unified family court and to support the state courts system's

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efforts to improve the resolution of disputes involving children

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and families through a fully integrated, comprehensive approach

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that includes coordinated case management; the concept of "one

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family, one judge"; collaboration with the community for

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referral to needed services; and methods of alternative dispute

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resolution. The Legislature supports the goal that the legal

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system focus on the needs of children who are involved in the

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litigation, refer families to resources that will make families'

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relationships stronger, coordinate families' cases to provide

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consistent results, and strive to leave families in better

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condition than when the families entered the system.

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

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Statutes, is amended to read:

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     61.001  Purpose of chapter.--

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     (2)  Its purposes are:

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

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meaningful family relationships.;

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     (b)  To promote the amicable settlement of disputes that

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arise between parties to a marriage.; and

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

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their children caused by the process of legal dissolution of

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marriage.

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     (d) To provide all children and families with a fully

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integrated, comprehensive approach to handling all cases that

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involve children and families and a resolution of family

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

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manner. It is the intent of the Legislature that the courts of

52

this state embrace methods of resolving disputes that do not

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cause additional emotional harm to the children and families who

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are required to interact with the judicial system. It is the

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intent of the Legislature to support the development of a

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unified family court and to support the state courts system's

57

efforts to improve the resolution of disputes involving children

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and families through a fully integrated, comprehensive approach

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that includes coordinated case management; the concept of "one

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family, one judge"; collaboration with the community for

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referral to needed services; and methods of alternative dispute

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resolution. The Legislature supports the goal that the legal

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system focus on the needs of children who are involved in the

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litigation, refer families to resources that will make families'

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relationships stronger, coordinate families' cases to provide

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consistent results, and strive to leave families in better

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condition than when the families entered the system.

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

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Florida Statutes, to read:

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     63.022  Legislative intent.--

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     (6) It is the intent of the Legislature to provide all

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children and families with a fully integrated, comprehensive

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approach to handling all cases that involve children and

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families and a resolution of family disputes in a fair, timely,

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efficient, and cost-effective manner. It is the intent of the

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Legislature that the courts of this state embrace methods of

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resolving disputes that do not cause additional emotional harm

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to the children and families who are required to interact with

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the judicial system. It is the intent of the Legislature to

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support the development of a unified family court and to support

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the state courts system's efforts to improve the resolution of

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disputes involving children and families through a fully

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integrated, comprehensive approach that includes coordinated

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case management; the concept of "one family, one judge";

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collaboration with the community for referral to needed

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services; and methods of alternative dispute resolution. The

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Legislature supports the goal that the legal system focus on the

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needs of children who are involved in the litigation, refer

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families to resources that will make families' relationships

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stronger, coordinate families' cases to provide consistent

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results, and strive to leave families in better condition than

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when the families entered the system.

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

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Florida Statutes, to read:

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     68.07  Change of name.--

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

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children and families with a fully integrated, comprehensive

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approach to handling all cases that involve children and

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families and a resolution of family disputes in a fair, timely,

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efficient, and cost-effective manner. It is the intent of the

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Legislature that the courts of this state embrace methods of

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resolving disputes that do not cause additional emotional harm

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to the children and families who are required to interact with

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the judicial system. It is the intent of the Legislature to

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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

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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

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Legislature supports the goal that the legal system focus on the

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needs of children who are involved in the litigation, refer

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families to resources that will make families' relationships

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stronger, coordinate families' cases to provide consistent

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results, and strive to leave families in better condition than

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when the families entered the system.

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     Section 5.  Section 88.1041, Florida Statutes, is created

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to read:

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     88.1041 Legislative intent.--It is the intent of the

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Legislature to provide all children and families with a fully

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integrated, comprehensive approach to handling all cases that

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involve children and families and a resolution of family

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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

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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

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system focus on the needs of children who are involved in the

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litigation, refer families to resources that will make families'

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relationships stronger, coordinate families' cases to provide

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consistent results, and strive to leave families in better

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condition than when the families entered the system.

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     Section 6.  Subsection (3) is added to section 741.2902,

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Florida Statutes, to read:

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     741.2902  Domestic violence; legislative intent with

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respect to judiciary's role.--

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     (3) It is the intent of the Legislature to provide all

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children and families with a fully integrated, comprehensive

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approach to handling all cases that involve children and

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families and a resolution of family disputes in a fair, timely,

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efficient, and cost-effective manner. It is the intent of the

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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

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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

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Legislature supports the goal that the legal system focus on the

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needs of children who are involved in the litigation, refer

164

families to resources that will make families' relationships

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stronger, coordinate families' cases to provide consistent

166

results, and strive to leave families in better condition than

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when the families entered the system.

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     Section 7.  Section 742.016, Florida Statutes, is created

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to read:

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     742.016 Legislative intent.--It is the intent of the

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Legislature to provide all children and families with a fully

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integrated, comprehensive approach to handling all cases that

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involve children and families and a resolution of family

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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

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and families through a fully integrated, comprehensive approach

183

that includes coordinated case management; the concept of "one

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family, one judge"; collaboration with the community for

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referral to needed services; and methods of alternative dispute

186

resolution. The Legislature supports the goal that the legal

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system focus on the needs of children who are involved in the

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litigation, refer families to resources that will make families'

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relationships stronger, coordinate families' cases to provide

190

consistent results, and strive to leave families in better

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condition than when the families entered the system.

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     Section 8.  Section 743.001, Florida Statutes, is created

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to read:

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     743.001 Legislative intent.--It is the intent of the

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Legislature to provide all children and families with a fully

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integrated, comprehensive approach to handling all cases that

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involve children and families and a resolution of family

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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

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and families through a fully integrated, comprehensive approach

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that includes coordinated case management; the concept of "one

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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

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system focus on the needs of children who are involved in the

212

litigation, refer families to resources that will make families'

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relationships stronger, coordinate families' cases to provide

214

consistent results, and strive to leave families in better

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condition than when the families entered the system.

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

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section 984.01, Florida Statutes, to read:

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     984.01  Purposes and intent; personnel standards and

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screening.--

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     (1)  The purposes of this chapter are:

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     (g) To provide all children and families with a fully

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integrated, comprehensive approach to handling all cases that

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involve children and families and a resolution of family

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

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manner. It is the intent of the Legislature that the courts of

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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

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intent of the Legislature to support the development of a

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unified family court and to support the state courts system's

231

efforts to improve the resolution of disputes involving children

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and families through a fully integrated, comprehensive approach

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that includes coordinated case management; the concept of "one

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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

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system focus on the needs of children who are involved in the

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litigation, refer families to resources that will make families'

239

relationships stronger, coordinate families' cases to provide

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consistent results, and strive to leave families in better

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condition than when the families entered the system.

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

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section 985.02, Florida Statutes, to read:

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     985.02  Legislative intent for the juvenile justice

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system.--

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

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the Legislature that the children of this state be provided with

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the following protections:

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     (j) A fully integrated, comprehensive approach to handling

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all cases that involve children and families and a resolution of

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

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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 focus on the needs of children who are involved in the

265

litigation, refer families to resources that will make families'

266

relationships stronger, coordinate families' cases to provide

267

consistent results, and strive to leave families in better

268

condition than when the families entered the system.

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     Section 11.  Section 1003.201, Florida Statutes, is created

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to read:

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     1003.201 Legislative intent.--It is the intent of the

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Legislature to provide all children and families with a fully

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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 focus on the needs of children who are involved in the

289

litigation, refer families to resources that will make families'

290

relationships stronger, coordinate families' cases to provide

291

consistent results, and strive to leave families in better

292

condition than when the families entered the system.

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     Section 12.  Section 61.402, Florida Statutes, is amended

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to read:

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     61.402  Qualifications of guardians ad litem.--A guardian

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ad litem must be either a citizen certified by the Guardian Ad

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Litem Program to act in family law cases, a citizen certified by

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a not-for-profit legal aid organization as defined in s. 68.096,

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or an attorney who is a member in good standing of The Florida

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Bar. Prior to certifying a guardian ad litem to be appointed

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under this chapter, the Guardian Ad Litem Program must conduct a

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security background investigation as provided in s. 39.821.

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Certification by a not-for-profit legal aid organization shall

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qualify a guardian ad litem to serve only in actions described

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in s. 61.401 other than actions in which the court has

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determined that there are well-founded allegations of child

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abuse, abandonment, or neglect as defined in s. 39.01. Prior to

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certifying a guardian ad litem, a not-for-profit legal aid

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organization must conduct a security background investigation

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that conforms to the requirements of s. 39.821.

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     Section 13.  This act shall take effect upon becoming a

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law.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete everything before the enacting clause

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and insert:     

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A bill to be entitled

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An act relating to court actions involving families;

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amending ss. 39.001, 61.001, 63.022, 68.07, 741.2902,

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984.01, and 985.02, F.S., and creating ss. 88.1041,

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742.016, 743.001, and 1003.201, F.S.; providing additional

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purposes relating to implementing a unified family court

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program in the circuit courts; providing legislative

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intent; amending s. 61.402, F.S.; expanding eligibility

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criteria for guardians ad litem; providing requirements

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for and limitations on certification of guardians ad litem

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by not-for-profit legal aid organizations; providing an

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effective date.

3/11/2008  10:03:00 AM     590-04714-08

CODING: Words stricken are deletions; words underlined are additions.