Florida Senate - 2008 COMMITTEE AMENDMENT
Bill No. CS for SB 628
601538
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
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 focus on the needs of children who are involved in the
64
litigation, refer families to resources that will make families'
65
relationships stronger, coordinate families' cases to provide
66
consistent results, and strive to leave families in better
67
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
77
resolving disputes that do not cause additional emotional harm
78
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
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
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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
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 focus on the
113
needs of children who are involved in the litigation, refer
114
families to resources that will make families' relationships
115
stronger, coordinate families' cases to provide consistent
116
results, and strive to leave families in better condition than
117
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
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 focus on the needs of children who are involved in the
138
litigation, refer families to resources that will make families'
139
relationships stronger, coordinate families' cases to provide
140
consistent results, and strive to leave families in better
141
condition than when the families entered the system.
142
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,
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 focus on the
163
needs of children who are involved in the litigation, refer
164
families to resources that will make families' relationships
165
stronger, coordinate families' cases to provide consistent
166
results, and strive to leave families in better condition than
167
when the families entered the system.
168
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
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 focus on the needs of children who are involved in the
188
litigation, refer families to resources that will make families'
189
relationships stronger, coordinate families' cases to provide
190
consistent results, and strive to leave families in better
191
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
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 focus on the needs of children who are involved in the
212
litigation, refer families to resources that will make families'
213
relationships stronger, coordinate families' cases to provide
214
consistent results, and strive to leave families in better
215
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
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 focus on the needs of children who are involved in the
238
litigation, refer families to resources that will make families'
239
relationships stronger, coordinate families' cases to provide
240
consistent results, and strive to leave families in better
241
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
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 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.
269
Section 11. Section 1003.201, Florida Statutes, is created
270
to read:
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1003.201 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 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.
293
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
310
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.