| 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 |
| 21 | are: |
| 22 | (o) To provide all children and families with a fully |
| 23 | integrated, comprehensive approach to handling all cases that |
| 24 | involve children and families and a resolution of family |
| 25 | disputes in a fair, timely, efficient, and cost-effective |
| 26 | manner. It is the intent of the Legislature that the courts of |
| 27 | this state embrace methods of resolving disputes that do not |
| 28 | cause additional emotional harm to the children and families who |
| 29 | are required to interact with the judicial system. It is the |
| 30 | intent of the Legislature to support the development of a |
| 31 | unified family court and to support the efforts of the state |
| 32 | courts system to improve the resolution of disputes involving |
| 33 | children and families through a fully integrated, comprehensive |
| 34 | approach that includes coordinated case management; the concept |
| 35 | of "one family, one judge"; collaboration with the community for |
| 36 | referral to needed services; and methods of alternative dispute |
| 37 | resolution. The Legislature supports the goal that the legal |
| 38 | system focus on the needs of children who are involved in the |
| 39 | litigation, refer families to resources that will make families' |
| 40 | relationships stronger, coordinate families' cases to provide |
| 41 | consistent results, and strive to leave families in better |
| 42 | condition than when the families entered the system. |
| 43 | Section 2. Subsection (2) of section 61.001, Florida |
| 44 | Statutes, is amended to read: |
| 45 | 61.001 Purpose of chapter.-- |
| 46 | (2) Its purposes are: |
| 47 | (a) To preserve the integrity of marriage and to safeguard |
| 48 | meaningful family relationships.; |
| 49 | (b) To promote the amicable settlement of disputes that |
| 50 | arise between parties to a marriage.; and |
| 51 | (c) To mitigate the potential harm to the spouses and |
| 52 | their children caused by the process of legal dissolution of |
| 53 | marriage. |
| 54 | (d) To provide all children and families with a fully |
| 55 | integrated, comprehensive approach to handling all cases that |
| 56 | involve children and families and a resolution of family |
| 57 | disputes in a fair, timely, efficient, and cost-effective |
| 58 | manner. It is the intent of the Legislature that the courts of |
| 59 | this state embrace methods of resolving disputes that do not |
| 60 | cause additional emotional harm to the children and families who |
| 61 | are required to interact with the judicial system. It is the |
| 62 | intent of the Legislature to support the development of a |
| 63 | unified family court and to support the efforts of the state |
| 64 | courts system to improve the resolution of disputes involving |
| 65 | children and families through a fully integrated, comprehensive |
| 66 | approach that includes coordinated case management; the concept |
| 67 | of "one family, one judge"; collaboration with the community for |
| 68 | referral to needed services; and methods of alternative dispute |
| 69 | resolution. The Legislature supports the goal that the legal |
| 70 | system focus on the needs of children who are involved in the |
| 71 | litigation, refer families to resources that will make families' |
| 72 | relationships stronger, coordinate families' cases to provide |
| 73 | consistent results, and strive to leave families in better |
| 74 | condition than when the families entered the system. |
| 75 | Section 3. Subsection (6) is added to section 63.022, |
| 76 | Florida Statutes, to read: |
| 77 | 63.022 Legislative intent.-- |
| 78 | (6) It is the intent of the Legislature to provide all |
| 79 | children and families with a fully integrated, comprehensive |
| 80 | approach to handling all cases that involve children and |
| 81 | families and a resolution of family disputes in a fair, timely, |
| 82 | efficient, and cost-effective manner. It is the intent of the |
| 83 | Legislature that the courts of this state embrace methods of |
| 84 | resolving disputes that do not cause additional emotional harm |
| 85 | to the children and families who are required to interact with |
| 86 | the judicial system. It is the intent of the Legislature to |
| 87 | support the development of a unified family court and to support |
| 88 | the efforts of the state courts system to improve the resolution |
| 89 | of disputes involving children and families through a fully |
| 90 | integrated, comprehensive approach that includes coordinated |
| 91 | case management; the concept of "one family, one judge"; |
| 92 | collaboration with the community for referral to needed |
| 93 | services; and methods of alternative dispute resolution. The |
| 94 | Legislature supports the goal that the legal system focus on the |
| 95 | needs of children who are involved in the litigation, refer |
| 96 | families to resources that will make families' relationships |
| 97 | stronger, coordinate families' cases to provide consistent |
| 98 | results, and strive to leave families in better condition than |
| 99 | when the families entered the system. |
| 100 | Section 4. Subsection (9) is added to section 68.07, |
| 101 | Florida Statutes, to read: |
| 102 | 68.07 Change of name.-- |
| 103 | (9) It is the intent of the Legislature to provide all |
| 104 | children and families with a fully integrated, comprehensive |
| 105 | approach to handling all cases that involve children and |
| 106 | families and a resolution of family disputes in a fair, timely, |
| 107 | efficient, and cost-effective manner. It is the intent of the |
| 108 | Legislature that the courts of this state embrace methods of |
| 109 | resolving disputes that do not cause additional emotional harm |
| 110 | to the children and families who are required to interact with |
| 111 | the judicial system. It is the intent of the Legislature to |
| 112 | support the development of a unified family court and to support |
| 113 | the efforts of the state courts system to improve the resolution |
| 114 | of disputes involving children and families through a fully |
| 115 | integrated, comprehensive approach that includes coordinated |
| 116 | case management; the concept of "one family, one judge"; |
| 117 | collaboration with the community for referral to needed |
| 118 | services; and methods of alternative dispute resolution. The |
| 119 | Legislature supports the goal that the legal system focus on the |
| 120 | needs of children who are involved in the litigation, refer |
| 121 | families to resources that will make families' relationships |
| 122 | stronger, coordinate families' cases to provide consistent |
| 123 | results, and strive to leave families in better condition than |
| 124 | when the families entered the system. |
| 125 | Section 5. Section 88.1041, Florida Statutes, is created |
| 126 | to read: |
| 127 | 88.1041 Legislative intent.--It is the intent of the |
| 128 | Legislature to provide all children and families with a fully |
| 129 | integrated, comprehensive approach to handling all cases that |
| 130 | involve children and families and a resolution of family |
| 131 | disputes in a fair, timely, efficient, and cost-effective |
| 132 | manner. It is the intent of the Legislature that the courts of |
| 133 | this state embrace methods of resolving disputes that do not |
| 134 | cause additional emotional harm to the children and families who |
| 135 | are required to interact with the judicial system. It is the |
| 136 | intent of the Legislature to support the development of a |
| 137 | unified family court and to support the efforts of the state |
| 138 | courts system to improve the resolution of disputes involving |
| 139 | children and families through a fully integrated, comprehensive |
| 140 | approach that includes coordinated case management; the concept |
| 141 | of "one family, one judge"; collaboration with the community for |
| 142 | referral to needed services; and methods of alternative dispute |
| 143 | resolution. The Legislature supports the goal that the legal |
| 144 | system focus on the needs of children who are involved in the |
| 145 | litigation, refer families to resources that will make families' |
| 146 | relationships stronger, coordinate families' cases to provide |
| 147 | consistent results, and strive to leave families in better |
| 148 | condition than when the families entered the system. |
| 149 | Section 6. Subsection (3) is added to section 741.2902, |
| 150 | Florida Statutes, to read: |
| 151 | 741.2902 Domestic violence; legislative intent with |
| 152 | respect to judiciary's role.-- |
| 153 | (3) It is the intent of the Legislature to provide all |
| 154 | children and families with a fully integrated, comprehensive |
| 155 | approach to handling all cases that involve children and |
| 156 | families and a resolution of family disputes in a fair, timely, |
| 157 | efficient, and cost-effective manner. It is the intent of the |
| 158 | Legislature that the courts of this state embrace methods of |
| 159 | resolving disputes that do not cause additional emotional harm |
| 160 | to the children and families who are required to interact with |
| 161 | the judicial system. It is the intent of the Legislature to |
| 162 | support the development of a unified family court and to support |
| 163 | the efforts of the state courts system to improve the resolution |
| 164 | of disputes involving children and families through a fully |
| 165 | integrated, comprehensive approach that includes coordinated |
| 166 | case management; the concept of "one family, one judge"; |
| 167 | collaboration with the community for referral to needed |
| 168 | services; and methods of alternative dispute resolution. The |
| 169 | Legislature supports the goal that the legal system focus on the |
| 170 | needs of children who are involved in the litigation, refer |
| 171 | families to resources that will make families' relationships |
| 172 | stronger, coordinate families' cases to provide consistent |
| 173 | results, and strive to leave families in better condition than |
| 174 | when the families entered the system. |
| 175 | Section 7. Section 742.016, Florida Statutes, is created |
| 176 | to read: |
| 177 | 742.016 Legislative intent.--It is the intent of the |
| 178 | Legislature to provide all children and families with a fully |
| 179 | integrated, comprehensive approach to handling all cases that |
| 180 | involve children and families and a resolution of family |
| 181 | disputes in a fair, timely, efficient, and cost-effective |
| 182 | manner. It is the intent of the Legislature that the courts of |
| 183 | this state embrace methods of resolving disputes that do not |
| 184 | cause additional emotional harm to the children and families who |
| 185 | are required to interact with the judicial system. It is the |
| 186 | intent of the Legislature to support the development of a |
| 187 | unified family court and to support the efforts of the state |
| 188 | courts system to improve the resolution of disputes involving |
| 189 | children and families through a fully integrated, comprehensive |
| 190 | approach that includes coordinated case management; the concept |
| 191 | of "one family, one judge"; collaboration with the community for |
| 192 | referral to needed services; and methods of alternative dispute |
| 193 | resolution. The Legislature supports the goal that the legal |
| 194 | system focus on the needs of children who are involved in the |
| 195 | litigation, refer families to resources that will make families' |
| 196 | relationships stronger, coordinate families' cases to provide |
| 197 | consistent results, and strive to leave families in better |
| 198 | condition than when the families entered the system. |
| 199 | Section 8. Section 743.001, Florida Statutes, is created |
| 200 | to read: |
| 201 | 743.001 Legislative intent.--It is the intent of the |
| 202 | Legislature to provide all children and families with a fully |
| 203 | integrated, comprehensive approach to handling all cases that |
| 204 | involve children and families and a resolution of family |
| 205 | disputes in a fair, timely, efficient, and cost-effective |
| 206 | manner. It is the intent of the Legislature that the courts of |
| 207 | this state embrace methods of resolving disputes that do not |
| 208 | cause additional emotional harm to the children and families who |
| 209 | are required to interact with the judicial system. It is the |
| 210 | intent of the Legislature to support the development of a |
| 211 | unified family court and to support the efforts of the state |
| 212 | courts system to improve the resolution of disputes involving |
| 213 | children and families through a fully integrated, comprehensive |
| 214 | approach that includes coordinated case management; the concept |
| 215 | of "one family, one judge"; collaboration with the community for |
| 216 | referral to needed services; and methods of alternative dispute |
| 217 | resolution. The Legislature supports the goal that the legal |
| 218 | system focus on the needs of children who are involved in the |
| 219 | litigation, refer families to resources that will make families' |
| 220 | relationships stronger, coordinate families' cases to provide |
| 221 | consistent results, and strive to leave families in better |
| 222 | condition than when the families entered the system. |
| 223 | Section 9. Paragraph (g) is added to subsection (1) of |
| 224 | section 984.01, Florida Statutes, to read: |
| 225 | 984.01 Purposes and intent; personnel standards and |
| 226 | screening.-- |
| 227 | (1) The purposes of this chapter are: |
| 228 | (g) To provide all children and families with a fully |
| 229 | integrated, comprehensive approach to handling all cases that |
| 230 | involve children and families and a resolution of family |
| 231 | disputes in a fair, timely, efficient, and cost-effective |
| 232 | manner. It is the intent of the Legislature that the courts of |
| 233 | this state embrace methods of resolving disputes that do not |
| 234 | cause additional emotional harm to the children and families who |
| 235 | are required to interact with the judicial system. It is the |
| 236 | intent of the Legislature to support the development of a |
| 237 | unified family court and to support the efforts of the state |
| 238 | courts system to improve the resolution of disputes involving |
| 239 | children and families through a fully integrated, comprehensive |
| 240 | approach that includes coordinated case management; the concept |
| 241 | of "one family, one judge"; collaboration with the community for |
| 242 | referral to needed services; and methods of alternative dispute |
| 243 | resolution. The Legislature supports the goal that the legal |
| 244 | system focus on the needs of children who are involved in the |
| 245 | litigation, refer families to resources that will make families' |
| 246 | relationships stronger, coordinate families' cases to provide |
| 247 | consistent results, and strive to leave families in better |
| 248 | condition than when the families entered the system. |
| 249 | Section 10. Paragraph (j) is added to subsection (1) of |
| 250 | section 985.02, Florida Statutes, to read: |
| 251 | 985.02 Legislative intent for the juvenile justice |
| 252 | system.-- |
| 253 | (1) GENERAL PROTECTIONS FOR CHILDREN.--It is a purpose of |
| 254 | the Legislature that the children of this state be provided with |
| 255 | the following protections: |
| 256 | (j) A fully integrated, comprehensive approach to handling |
| 257 | all cases that involve children and families and a resolution of |
| 258 | family disputes in a fair, timely, efficient, and cost-effective |
| 259 | manner. It is the intent of the Legislature that the courts of |
| 260 | this state embrace methods of resolving disputes that do not |
| 261 | cause additional emotional harm to the children and families who |
| 262 | are required to interact with the judicial system. It is the |
| 263 | intent of the Legislature to support the development of a |
| 264 | unified family court and to support the efforts of the state |
| 265 | courts system to improve the resolution of disputes involving |
| 266 | children and families through a fully integrated, comprehensive |
| 267 | approach that includes coordinated case management; the concept |
| 268 | of "one family, one judge"; collaboration with the community for |
| 269 | referral to needed services; and methods of alternative dispute |
| 270 | resolution. The Legislature supports the goal that the legal |
| 271 | system focus on the needs of children who are involved in the |
| 272 | litigation, refer families to resources that will make families' |
| 273 | relationships stronger, coordinate families' cases to provide |
| 274 | consistent results, and strive to leave families in better |
| 275 | condition than when the families entered the system. This |
| 276 | section may not be construed to contravene legislative intent |
| 277 | provided in this chapter relating to protecting the public from |
| 278 | acts of delinquency, ensuring that juveniles found to have |
| 279 | committed a delinquent act understand the consequences and |
| 280 | serious nature of such behavior, and transferring juveniles from |
| 281 | the juvenile justice system to the adult system as provided in |
| 282 | this chapter. |
| 283 | Section 11. Section 1003.201, Florida Statutes, is created |
| 284 | to read: |
| 285 | 1003.201 Legislative intent.--It is the intent of the |
| 286 | Legislature to provide all children and families with a fully |
| 287 | integrated, comprehensive approach to handling all cases that |
| 288 | involve children and families and a resolution of family |
| 289 | disputes in a fair, timely, efficient, and cost-effective |
| 290 | manner. It is the intent of the Legislature that the courts of |
| 291 | this state embrace methods of resolving disputes that do not |
| 292 | cause additional emotional harm to the children and families who |
| 293 | are required to interact with the judicial system. It is the |
| 294 | intent of the Legislature to support the development of a |
| 295 | unified family court and to support the efforts of the state |
| 296 | courts system to improve the resolution of disputes involving |
| 297 | children and families through a fully integrated, comprehensive |
| 298 | approach that includes coordinated case management; the concept |
| 299 | of "one family, one judge"; collaboration with the community for |
| 300 | referral to needed services; and methods of alternative dispute |
| 301 | resolution. The Legislature supports the goal that the legal |
| 302 | system focus on the needs of children who are involved in the |
| 303 | litigation, refer families to resources that will make families' |
| 304 | relationships stronger, coordinate families' cases to provide |
| 305 | consistent results, and strive to leave families in better |
| 306 | condition than when the families entered the system. |
| 307 | Section 12. Section 61.402, Florida Statutes, is amended |
| 308 | to read: |
| 309 | 61.402 Qualifications of guardians ad litem.--A guardian |
| 310 | ad litem must be either a citizen certified by the Guardian Ad |
| 311 | Litem Program to act in family law cases, a citizen certified by |
| 312 | a not-for-profit legal aid organization as defined in s. 68.096, |
| 313 | or an attorney who is a member in good standing of The Florida |
| 314 | Bar. Prior to certifying a guardian ad litem to be appointed |
| 315 | under this chapter, the Guardian Ad Litem Program must conduct a |
| 316 | security background investigation as provided in s. 39.821. |
| 317 | Certification by a not-for-profit legal aid organization shall |
| 318 | qualify a guardian ad litem to serve only in actions described |
| 319 | in s. 61.401 other than actions in which the court has |
| 320 | determined that there are well-founded allegations of child |
| 321 | abuse, abandonment, or neglect as defined in s. 39.01. Prior to |
| 322 | certifying a guardian ad litem, a not-for-profit legal aid |
| 323 | organization must conduct a security background investigation |
| 324 | that conforms to the requirements of s. 39.821. |
| 325 | Section 13. This act shall take effect upon becoming a |
| 326 | law. |