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
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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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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.
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Be It Enacted by the Legislature of the State of Florida:
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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 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 disputes
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in a fair, timely, efficient, and cost-effective manner. It is
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the intent of the Legislature that the courts of this state
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embrace methods of resolving disputes that do not cause
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additional emotional harm to the children and families who are
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required to interact with the judicial system. It is the intent
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of the Legislature to support the development of a unified family
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court and to support the state courts system's efforts to improve
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the resolution of disputes involving children and families
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through a fully integrated, comprehensive approach that includes
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coordinated case management; the concept of "one family, one
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judge"; 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 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 their
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children caused by the process of legal dissolution of 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 disputes
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in a fair, timely, efficient, and cost-effective manner. It is
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the intent of the Legislature that the courts of this state
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embrace methods of resolving disputes that do not cause
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additional emotional harm to the children and families who are
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required to interact with the judicial system. It is the intent
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of the Legislature to support the development of a unified family
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court and to support the state courts system's efforts to improve
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the resolution of disputes involving children and families
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through a fully integrated, comprehensive approach that includes
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coordinated case management; the concept of "one family, one
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judge"; 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 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 families
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and a resolution of family disputes in a fair, timely, efficient,
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and cost-effective manner. It is the intent of the Legislature
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that the courts of this state embrace methods of resolving
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disputes that do not cause additional emotional harm to the
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children and families who are required to interact with the
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judicial system. It is the intent of the Legislature to support
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the development of a unified family court and to support the
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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 case
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management; the concept of "one family, one judge"; collaboration
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with the community for referral to needed services; and methods
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of alternative dispute resolution. The Legislature supports the
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goal that the legal system focus on the needs of children who are
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involved in the litigation, refer families to resources that will
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make families' relationships stronger, coordinate families' cases
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to provide consistent results, and strive to leave families in
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better condition than 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 families
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and a resolution of family disputes in a fair, timely, efficient,
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and cost-effective manner. It is the intent of the Legislature
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that the courts of this state embrace methods of resolving
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disputes that do not cause additional emotional harm to the
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children and families who are required to interact with the
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judicial system. It is the intent of the Legislature to support
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the development of a unified family court and to support the
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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 case
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management; the concept of "one family, one judge"; collaboration
114
with the community for referral to needed services; and methods
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of alternative dispute resolution. The Legislature supports the
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goal that the legal system focus on the needs of children who are
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involved in the litigation, refer families to resources that will
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make families' relationships stronger, coordinate families' cases
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to provide consistent results, and strive to leave families in
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better condition than when the families entered the system.
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Section 5. Section 88.1041, Florida Statutes, is created to
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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 disputes
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in a fair, timely, efficient, and cost-effective manner. It is
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the intent of the Legislature that the courts of this state
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embrace methods of resolving disputes that do not cause
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additional emotional harm to the children and families who are
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required to interact with the judicial system. It is the intent
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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
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through a fully integrated, comprehensive approach that includes
136
coordinated case management; the concept of "one family, one
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judge"; collaboration with the community for referral to needed
138
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 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 respect
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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 families
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and a resolution of family disputes in a fair, timely, efficient,
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and cost-effective manner. It is the intent of the Legislature
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that the courts of this state embrace methods of resolving
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disputes that do not cause additional emotional harm to the
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children and families who are required to interact with the
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judicial system. It is the intent of the Legislature to support
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the development of a unified family court and to support the
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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 case
162
management; the concept of "one family, one judge"; collaboration
163
with the community for referral to needed services; and methods
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of alternative dispute resolution. The Legislature supports the
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goal that the legal system focus on the needs of children who are
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involved in the litigation, refer families to resources that will
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make families' relationships stronger, coordinate families' cases
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to provide consistent results, and strive to leave families in
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better condition than when the families entered the system.
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Section 7. Section 742.016, Florida Statutes, is created to
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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 disputes
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in a fair, timely, efficient, and cost-effective manner. It is
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the intent of the Legislature that the courts of this state
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embrace methods of resolving disputes that do not cause
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additional emotional harm to the children and families who are
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required to interact with the judicial system. It is the intent
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of the Legislature to support the development of a unified family
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court and to support the state courts system's efforts to improve
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the resolution of disputes involving children and families
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through a fully integrated, comprehensive approach that includes
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coordinated case management; the concept of "one family, one
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judge"; 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 8. Section 743.001, Florida Statutes, is created to
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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 disputes
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in a fair, timely, efficient, and cost-effective manner. It is
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the intent of the Legislature that the courts of this state
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embrace methods of resolving disputes that do not cause
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additional emotional harm to the children and families who are
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required to interact with the judicial system. It is the intent
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of the Legislature to support the development of a unified family
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court and to support the state courts system's efforts to improve
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the resolution of disputes involving children and families
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through a fully integrated, comprehensive approach that includes
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coordinated case management; the concept of "one family, one
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judge"; collaboration with the community for referral to needed
211
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 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 disputes
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in a fair, timely, efficient, and cost-effective manner. It is
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the intent of the Legislature that the courts of this state
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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
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of the Legislature to support the development of a unified family
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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
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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 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
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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 unified
259
family court and to support the state courts system's efforts to
260
improve the resolution of disputes involving children and
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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.
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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
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involve children and families and a resolution of family disputes
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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.
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Section 12. Section 61.402, Florida Statutes, is amended to
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read:
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61.402 Qualifications of guardians ad litem.--A guardian ad
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litem must be either a citizen certified by the Guardian Ad Litem
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Program to act in family law cases, a citizen certified by a not-
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for-profit legal aid organization as defined in s. 68.096, or an
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attorney who is a member in good standing of The Florida Bar.
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Prior to certifying a guardian ad litem to be appointed under
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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 in
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s. 61.401 other than actions in which the court has determined
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that there are well-founded allegations of child abuse,
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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 law.
CODING: Words stricken are deletions; words underlined are additions.