Florida Senate - 2008 CS for CS for SB 628

By the Committees on Judiciary; Children, Families, and Elder Affairs; and Senators Rich, Margolis and Lynn

590-04785-08 2008628c2

1

A bill to be entitled

2

An act relating to court actions involving families;

3

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

4

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

5

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

6

purposes relating to implementing a unified family court

7

program in the circuit courts; providing legislative

8

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

9

criteria for guardians ad litem; providing requirements

10

for and limitations on certification of guardians ad litem

11

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

12

effective date.

13

14

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

15

16

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

17

section 39.001, Florida Statutes, to read:

18

     39.001  Purposes and intent; personnel standards and

19

screening.--

20

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

21

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

22

integrated, comprehensive approach to handling all cases that

23

involve children and families and a resolution of family disputes

24

in a fair, timely, efficient, and cost-effective manner. It is

25

the intent of the Legislature that the courts of this state

26

embrace methods of resolving disputes that do not cause

27

additional emotional harm to the children and families who are

28

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

29

of the Legislature to support the development of a unified family

30

court and to support the state courts system's efforts to improve

31

the resolution of disputes involving children and families

32

through a fully integrated, comprehensive approach that includes

33

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

34

judge"; collaboration with the community for referral to needed

35

services; and methods of alternative dispute resolution. The

36

Legislature supports the goal that the legal system focus on the

37

needs of children who are involved in the litigation, refer

38

families to resources that will make families' relationships

39

stronger, coordinate families' cases to provide consistent

40

results, and strive to leave families in better condition than

41

when the families entered the system.

42

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

43

Statutes, is amended to read:

44

     61.001  Purpose of chapter.--

45

     (2)  Its purposes are:

46

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

47

meaningful family relationships.;

48

     (b)  To promote the amicable settlement of disputes that

49

arise between parties to a marriage.; and

50

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

51

children caused by the process of legal dissolution of marriage.

52

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

53

integrated, comprehensive approach to handling all cases that

54

involve children and families and a resolution of family disputes

55

in a fair, timely, efficient, and cost-effective manner. It is

56

the intent of the Legislature that the courts of this state

57

embrace methods of resolving disputes that do not cause

58

additional emotional harm to the children and families who are

59

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

60

of the Legislature to support the development of a unified family

61

court and to support the state courts system's efforts to improve

62

the resolution of disputes involving children and families

63

through a fully integrated, comprehensive approach that includes

64

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

65

judge"; collaboration with the community for referral to needed

66

services; and methods of alternative dispute resolution. The

67

Legislature supports the goal that the legal system focus on the

68

needs of children who are involved in the litigation, refer

69

families to resources that will make families' relationships

70

stronger, coordinate families' cases to provide consistent

71

results, and strive to leave families in better condition than

72

when the families entered the system.

73

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

74

Florida Statutes, to read:

75

     63.022  Legislative intent.--

76

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

77

children and families with a fully integrated, comprehensive

78

approach to handling all cases that involve children and families

79

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

80

and cost-effective manner. It is the intent of the Legislature

81

that the courts of this state embrace methods of resolving

82

disputes that do not cause additional emotional harm to the

83

children and families who are required to interact with the

84

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

85

the development of a unified family court and to support the

86

state courts system's efforts to improve the resolution of

87

disputes involving children and families through a fully

88

integrated, comprehensive approach that includes coordinated case

89

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

90

with the community for referral to needed services; and methods

91

of alternative dispute resolution. The Legislature supports the

92

goal that the legal system focus on the needs of children who are

93

involved in the litigation, refer families to resources that will

94

make families' relationships stronger, coordinate families' cases

95

to provide consistent results, and strive to leave families in

96

better condition than when the families entered the system.

97

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

98

Florida Statutes, to read:

99

     68.07  Change of name.--

100

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

101

children and families with a fully integrated, comprehensive

102

approach to handling all cases that involve children and families

103

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

104

and cost-effective manner. It is the intent of the Legislature

105

that the courts of this state embrace methods of resolving

106

disputes that do not cause additional emotional harm to the

107

children and families who are required to interact with the

108

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

109

the development of a unified family court and to support the

110

state courts system's efforts to improve the resolution of

111

disputes involving children and families through a fully

112

integrated, comprehensive approach that includes coordinated case

113

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

114

with the community for referral to needed services; and methods

115

of alternative dispute resolution. The Legislature supports the

116

goal that the legal system focus on the needs of children who are

117

involved in the litigation, refer families to resources that will

118

make families' relationships stronger, coordinate families' cases

119

to provide consistent results, and strive to leave families in

120

better condition than when the families entered the system.

121

     Section 5.  Section 88.1041, Florida Statutes, is created to

122

read:

123

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

124

Legislature to provide all children and families with a fully

125

integrated, comprehensive approach to handling all cases that

126

involve children and families and a resolution of family disputes

127

in a fair, timely, efficient, and cost-effective manner. It is

128

the intent of the Legislature that the courts of this state

129

embrace methods of resolving disputes that do not cause

130

additional emotional harm to the children and families who are

131

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

132

of the Legislature to support the development of a unified family

133

court and to support the state courts system's efforts to improve

134

the resolution of disputes involving children and families

135

through a fully integrated, comprehensive approach that includes

136

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

137

judge"; collaboration with the community for referral to needed

138

services; and methods of alternative dispute resolution. The

139

Legislature supports the goal that the legal system focus on the

140

needs of children who are involved in the litigation, refer

141

families to resources that will make families' relationships

142

stronger, coordinate families' cases to provide consistent

143

results, and strive to leave families in better condition than

144

when the families entered the system.

145

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

146

Florida Statutes, to read:

147

     741.2902  Domestic violence; legislative intent with respect

148

to judiciary's role.--

149

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

150

children and families with a fully integrated, comprehensive

151

approach to handling all cases that involve children and families

152

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

153

and cost-effective manner. It is the intent of the Legislature

154

that the courts of this state embrace methods of resolving

155

disputes that do not cause additional emotional harm to the

156

children and families who are required to interact with the

157

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

158

the development of a unified family court and to support the

159

state courts system's efforts to improve the resolution of

160

disputes involving children and families through a fully

161

integrated, comprehensive approach that includes coordinated case

162

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

163

with the community for referral to needed services; and methods

164

of alternative dispute resolution. The Legislature supports the

165

goal that the legal system focus on the needs of children who are

166

involved in the litigation, refer families to resources that will

167

make families' relationships stronger, coordinate families' cases

168

to provide consistent results, and strive to leave families in

169

better condition than when the families entered the system.

170

     Section 7.  Section 742.016, Florida Statutes, is created to

171

read:

172

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

173

Legislature to provide all children and families with a fully

174

integrated, comprehensive approach to handling all cases that

175

involve children and families and a resolution of family disputes

176

in a fair, timely, efficient, and cost-effective manner. It is

177

the intent of the Legislature that the courts of this state

178

embrace methods of resolving disputes that do not cause

179

additional emotional harm to the children and families who are

180

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

181

of the Legislature to support the development of a unified family

182

court and to support the state courts system's efforts to improve

183

the resolution of disputes involving children and families

184

through a fully integrated, comprehensive approach that includes

185

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

186

judge"; collaboration with the community for referral to needed

187

services; and methods of alternative dispute resolution. The

188

Legislature supports the goal that the legal system focus on the

189

needs of children who are involved in the litigation, refer

190

families to resources that will make families' relationships

191

stronger, coordinate families' cases to provide consistent

192

results, and strive to leave families in better condition than

193

when the families entered the system.

194

     Section 8.  Section 743.001, Florida Statutes, is created to

195

read:

196

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

197

Legislature to provide all children and families with a fully

198

integrated, comprehensive approach to handling all cases that

199

involve children and families and a resolution of family disputes

200

in a fair, timely, efficient, and cost-effective manner. It is

201

the intent of the Legislature that the courts of this state

202

embrace methods of resolving disputes that do not cause

203

additional emotional harm to the children and families who are

204

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

205

of the Legislature to support the development of a unified family

206

court and to support the state courts system's efforts to improve

207

the resolution of disputes involving children and families

208

through a fully integrated, comprehensive approach that includes

209

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

210

judge"; collaboration with the community for referral to needed

211

services; and methods of alternative dispute resolution. The

212

Legislature supports the goal that the legal system focus on the

213

needs of children who are involved in the litigation, refer

214

families to resources that will make families' relationships

215

stronger, coordinate families' cases to provide consistent

216

results, and strive to leave families in better condition than

217

when the families entered the system.

218

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

219

section 984.01, Florida Statutes, to read:

220

     984.01  Purposes and intent; personnel standards and

221

screening.--

222

     (1)  The purposes of this chapter are:

223

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

224

integrated, comprehensive approach to handling all cases that

225

involve children and families and a resolution of family disputes

226

in a fair, timely, efficient, and cost-effective manner. It is

227

the intent of the Legislature that the courts of this state

228

embrace methods of resolving disputes that do not cause

229

additional emotional harm to the children and families who are

230

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

231

of the Legislature to support the development of a unified family

232

court and to support the state courts system's efforts to improve

233

the resolution of disputes involving children and families

234

through a fully integrated, comprehensive approach that includes

235

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

236

judge"; collaboration with the community for referral to needed

237

services; and methods of alternative dispute resolution. The

238

Legislature supports the goal that the legal system focus on the

239

needs of children who are involved in the litigation, refer

240

families to resources that will make families' relationships

241

stronger, coordinate families' cases to provide consistent

242

results, and strive to leave families in better condition than

243

when the families entered the system.

244

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

245

section 985.02, Florida Statutes, to read:

246

     985.02  Legislative intent for the juvenile justice

247

system.--

248

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

249

the Legislature that the children of this state be provided with

250

the following protections:

251

     (j) A fully integrated, comprehensive approach to handling

252

all cases that involve children and families and a resolution of

253

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

254

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

255

this state embrace methods of resolving disputes that do not

256

cause additional emotional harm to the children and families who

257

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

258

intent of the Legislature to support the development of a unified

259

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

260

improve the resolution of disputes involving children and

261

families through a fully integrated, comprehensive approach that

262

includes coordinated case management; the concept of "one family,

263

one judge"; collaboration with the community for referral to

264

needed services; and methods of alternative dispute resolution.

265

The Legislature supports the goal that the legal system focus on

266

the needs of children who are involved in the litigation, refer

267

families to resources that will make families' relationships

268

stronger, coordinate families' cases to provide consistent

269

results, and strive to leave families in better condition than

270

when the families entered the system.

271

     Section 11.  Section 1003.201, Florida Statutes, is created

272

to read:

273

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

274

Legislature to provide all children and families with a fully

275

integrated, comprehensive approach to handling all cases that

276

involve children and families and a resolution of family disputes

277

in a fair, timely, efficient, and cost-effective manner. It is

278

the intent of the Legislature that the courts of this state

279

embrace methods of resolving disputes that do not cause

280

additional emotional harm to the children and families who are

281

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

282

of the Legislature to support the development of a unified family

283

court and to support the state courts system's efforts to improve

284

the resolution of disputes involving children and families

285

through a fully integrated, comprehensive approach that includes

286

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

287

judge"; collaboration with the community for referral to needed

288

services; and methods of alternative dispute resolution. The

289

Legislature supports the goal that the legal system focus on the

290

needs of children who are involved in the litigation, refer

291

families to resources that will make families' relationships

292

stronger, coordinate families' cases to provide consistent

293

results, and strive to leave families in better condition than

294

when the families entered the system.

295

     Section 12.  Section 61.402, Florida Statutes, is amended to

296

read:

297

     61.402  Qualifications of guardians ad litem.--A guardian ad

298

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

299

Program to act in family law cases, a citizen certified by a not-

300

for-profit legal aid organization as defined in s. 68.096, or an

301

attorney who is a member in good standing of The Florida Bar.

302

Prior to certifying a guardian ad litem to be appointed under

303

this chapter, the Guardian Ad Litem Program must conduct a

304

security background investigation as provided in s. 39.821.

305

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

306

qualify a guardian ad litem to serve only in actions described in

307

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

308

that there are well-founded allegations of child abuse,

309

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

310

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

311

organization must conduct a security background investigation

312

that conforms to the requirements of s. 39.821.

313

     Section 13.  This act shall take effect upon becoming a law.

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