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; providing an effective date. |
9 |
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10 | Be It Enacted by the Legislature of the State of Florida: |
11 |
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12 | Section 1. Paragraph (o) is added to subsection (1) of |
13 | section 39.001, Florida Statutes, to read: |
14 | 39.001 Purposes and intent; personnel standards and |
15 | screening.-- |
16 | (1) PURPOSES OF CHAPTER.--The purposes of this chapter |
17 | are: |
18 | (o) To provide all children and families with a fully |
19 | integrated, comprehensive approach to handling all cases that |
20 | involve children and families and a resolution of family |
21 | disputes in a fair, timely, efficient, and cost-effective |
22 | manner. It is the intent of the Legislature that the courts of |
23 | this state embrace methods of resolving disputes that do not |
24 | cause additional emotional harm to the children and families who |
25 | are required to interact with the judicial system. It is the |
26 | intent of the Legislature to support the development of a |
27 | unified family court and to support the efforts of the state |
28 | courts system to improve the resolution of disputes involving |
29 | children and families through a fully integrated, comprehensive |
30 | approach that includes coordinated case management; the concept |
31 | of "one family, one judge"; collaboration with the community for |
32 | referral to needed services; and methods of alternative dispute |
33 | resolution. The Legislature supports the goal that the legal |
34 | system focus on the needs of children who are involved in the |
35 | litigation, refer families to resources that will make families' |
36 | relationships stronger, coordinate families' cases to provide |
37 | consistent results, and strive to leave families in better |
38 | condition than when the families entered the system. |
39 | Section 2. Subsection (2) of section 61.001, Florida |
40 | Statutes, is amended to read: |
41 | 61.001 Purpose of chapter.-- |
42 | (2) Its purposes are: |
43 | (a) To preserve the integrity of marriage and to safeguard |
44 | meaningful family relationships.; |
45 | (b) To promote the amicable settlement of disputes that |
46 | arise between parties to a marriage.; and |
47 | (c) To mitigate the potential harm to the spouses and |
48 | their children caused by the process of legal dissolution of |
49 | marriage. |
50 | (d) To provide all children and families with a fully |
51 | integrated, comprehensive approach to handling all cases that |
52 | involve children and families and a resolution of family |
53 | disputes in a fair, timely, efficient, and cost-effective |
54 | manner. It is the intent of the Legislature that the courts of |
55 | this state embrace methods of resolving disputes that do not |
56 | cause additional emotional harm to the children and families who |
57 | are required to interact with the judicial system. It is the |
58 | intent of the Legislature to support the development of a |
59 | unified family court and to support the efforts of the state |
60 | courts system to improve the resolution of disputes involving |
61 | children and families through a fully integrated, comprehensive |
62 | approach that includes coordinated case management; the concept |
63 | of "one family, one judge"; collaboration with the community for |
64 | referral to needed services; and methods of alternative dispute |
65 | resolution. The Legislature supports the goal that the legal |
66 | system focus on the needs of children who are involved in the |
67 | litigation, refer families to resources that will make families' |
68 | relationships stronger, coordinate families' cases to provide |
69 | consistent results, and strive to leave families in better |
70 | condition than when the families entered the system. |
71 | Section 3. Subsection (6) is added to section 63.022, |
72 | Florida Statutes, to read: |
73 | 63.022 Legislative intent.-- |
74 | (6) It is the intent of the Legislature to provide all |
75 | children and families with a fully integrated, comprehensive |
76 | approach to handling all cases that involve children and |
77 | families and a resolution of family disputes in a fair, timely, |
78 | efficient, and cost-effective manner. It is the intent of the |
79 | Legislature that the courts of this state embrace methods of |
80 | resolving disputes that do not cause additional emotional harm |
81 | to the children and families who are required to interact with |
82 | the judicial system. It is the intent of the Legislature to |
83 | support the development of a unified family court and to support |
84 | the efforts of the state courts system to improve the resolution |
85 | of disputes involving children and families through a fully |
86 | integrated, comprehensive approach that includes coordinated |
87 | case management; the concept of "one family, one judge"; |
88 | collaboration with the community for referral to needed |
89 | services; and methods of alternative dispute resolution. The |
90 | Legislature supports the goal that the legal system focus on the |
91 | needs of children who are involved in the litigation, refer |
92 | families to resources that will make families' relationships |
93 | stronger, coordinate families' cases to provide consistent |
94 | results, and strive to leave families in better condition than |
95 | when the families entered the system. |
96 | Section 4. Subsection (9) is added to section 68.07, |
97 | Florida Statutes, to read: |
98 | 68.07 Change of name.-- |
99 | (9) It is the intent of the Legislature to provide all |
100 | children and families with a fully integrated, comprehensive |
101 | approach to handling all cases that involve children and |
102 | families and a resolution of family disputes in a fair, timely, |
103 | efficient, and cost-effective manner. It is the intent of the |
104 | Legislature that the courts of this state embrace methods of |
105 | resolving disputes that do not cause additional emotional harm |
106 | to the children and families who are required to interact with |
107 | the judicial system. It is the intent of the Legislature to |
108 | support the development of a unified family court and to support |
109 | the efforts of the state courts system to improve the resolution |
110 | of disputes involving children and families through a fully |
111 | integrated, comprehensive approach that includes coordinated |
112 | case management; the concept of "one family, one judge"; |
113 | collaboration with the community for referral to needed |
114 | services; and methods of alternative dispute resolution. The |
115 | Legislature supports the goal that the legal system focus on the |
116 | needs of children who are involved in the litigation, refer |
117 | families to resources that will make families' relationships |
118 | stronger, coordinate families' cases to provide consistent |
119 | results, and strive to leave families in better condition than |
120 | when the families entered the system. |
121 | Section 5. Section 88.1041, Florida Statutes, is created |
122 | to 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 |
127 | disputes in a fair, timely, efficient, and cost-effective |
128 | manner. It is the intent of the Legislature that the courts of |
129 | this state embrace methods of resolving disputes that do not |
130 | cause additional emotional harm to the children and families who |
131 | are required to interact with the judicial system. It is the |
132 | intent of the Legislature to support the development of a |
133 | unified family court and to support the efforts of the state |
134 | courts system to improve the resolution of disputes involving |
135 | children and families through a fully integrated, comprehensive |
136 | approach that includes coordinated case management; the concept |
137 | of "one family, one judge"; collaboration with the community for |
138 | referral to needed services; and methods of alternative dispute |
139 | resolution. The Legislature supports the goal that the legal |
140 | system focus on the needs of children who are involved in the |
141 | litigation, refer families to resources that will make families' |
142 | relationships stronger, coordinate families' cases to provide |
143 | consistent results, and strive to leave families in better |
144 | condition than 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 |
148 | respect 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 |
152 | families and a resolution of family disputes in a fair, timely, |
153 | efficient, and cost-effective manner. It is the intent of the |
154 | Legislature that the courts of this state embrace methods of |
155 | resolving disputes that do not cause additional emotional harm |
156 | to the children and families who are required to interact with |
157 | the judicial system as long as such methods do not conflict with |
158 | the legislative intent expressed in subsections (1) and (2). It |
159 | is the intent of the Legislature to support the development of a |
160 | unified family court and to support the efforts of the state |
161 | courts system to improve the resolution of disputes involving |
162 | children and families through a fully integrated, comprehensive |
163 | approach that includes coordinated case management; the concept |
164 | of "one family, one judge"; collaboration with the community for |
165 | referral to needed services; and methods of alternative dispute |
166 | resolution. Case management or alternative dispute resolution |
167 | processes must comply with existing laws and court rules |
168 | governing the use of mediation, case management, and alternative |
169 | dispute resolution in cases involving injunctions for protection |
170 | brought under this chapter. The Legislature supports the goal |
171 | that the legal system focus on the needs of children who are |
172 | involved in the litigation, refer families to resources that |
173 | will make families' relationships stronger, coordinate families' |
174 | cases to provide consistent results, and strive to leave |
175 | families in better condition than when the families entered the |
176 | system. |
177 | Section 7. Section 742.016, Florida Statutes, is created |
178 | to read: |
179 | 742.016 Legislative intent.--It is the intent of the |
180 | Legislature to provide all children and families with a fully |
181 | integrated, comprehensive approach to handling all cases that |
182 | involve children and families and a resolution of family |
183 | disputes in a fair, timely, efficient, and cost-effective |
184 | manner. It is the intent of the Legislature that the courts of |
185 | this state embrace methods of resolving disputes that do not |
186 | cause additional emotional harm to the children and families who |
187 | are required to interact with the judicial system. It is the |
188 | intent of the Legislature to support the development of a |
189 | unified family court and to support the efforts of the state |
190 | courts system to improve the resolution of disputes involving |
191 | children and families through a fully integrated, comprehensive |
192 | approach that includes coordinated case management; the concept |
193 | of "one family, one judge"; collaboration with the community for |
194 | referral to needed services; and methods of alternative dispute |
195 | resolution. The Legislature supports the goal that the legal |
196 | system focus on the needs of children who are involved in the |
197 | litigation, refer families to resources that will make families' |
198 | relationships stronger, coordinate families' cases to provide |
199 | consistent results, and strive to leave families in better |
200 | condition than when the families entered the system. |
201 | Section 8. Section 743.001, Florida Statutes, is created |
202 | to read: |
203 | 743.001 Legislative intent.--It is the intent of the |
204 | Legislature to provide all children and families with a fully |
205 | integrated, comprehensive approach to handling all cases that |
206 | involve children and families and a resolution of family |
207 | disputes in a fair, timely, efficient, and cost-effective |
208 | manner. It is the intent of the Legislature that the courts of |
209 | this state embrace methods of resolving disputes that do not |
210 | cause additional emotional harm to the children and families who |
211 | are required to interact with the judicial system. It is the |
212 | intent of the Legislature to support the development of a |
213 | unified family court and to support the efforts of the state |
214 | courts system to improve the resolution of disputes involving |
215 | children and families through a fully integrated, comprehensive |
216 | approach that includes coordinated case management; the concept |
217 | of "one family, one judge"; collaboration with the community for |
218 | referral to needed services; and methods of alternative dispute |
219 | resolution. The Legislature supports the goal that the legal |
220 | system focus on the needs of children who are involved in the |
221 | litigation, refer families to resources that will make families' |
222 | relationships stronger, coordinate families' cases to provide |
223 | consistent results, and strive to leave families in better |
224 | condition than when the families entered the system. |
225 | Section 9. Paragraph (g) is added to subsection (1) of |
226 | section 984.01, Florida Statutes, to read: |
227 | 984.01 Purposes and intent; personnel standards and |
228 | screening.-- |
229 | (1) The purposes of this chapter are: |
230 | (g) To provide all children and families with a fully |
231 | integrated, comprehensive approach to handling all cases that |
232 | involve children and families and a resolution of family |
233 | disputes in a fair, timely, efficient, and cost-effective |
234 | manner. It is the intent of the Legislature that the courts of |
235 | this state embrace methods of resolving disputes that do not |
236 | cause additional emotional harm to the children and families who |
237 | are required to interact with the judicial system. It is the |
238 | intent of the Legislature to support the development of a |
239 | unified family court and to support the efforts of the state |
240 | courts system to improve the resolution of disputes involving |
241 | children and families through a fully integrated, comprehensive |
242 | approach that includes coordinated case management; the concept |
243 | of "one family, one judge"; collaboration with the community for |
244 | referral to needed services; and methods of alternative dispute |
245 | resolution. The Legislature supports the goal that the legal |
246 | system focus on the needs of children who are involved in the |
247 | litigation, refer families to resources that will make families' |
248 | relationships stronger, coordinate families' cases to provide |
249 | consistent results, and strive to leave families in better |
250 | condition than when the families entered the system. |
251 | Section 10. Paragraph (j) is added to subsection (1) of |
252 | section 985.02, Florida Statutes, to read: |
253 | 985.02 Legislative intent for the juvenile justice |
254 | system.-- |
255 | (1) GENERAL PROTECTIONS FOR CHILDREN.--It is a purpose of |
256 | the Legislature that the children of this state be provided with |
257 | the following protections: |
258 | (j) A fully integrated, comprehensive approach to handling |
259 | all cases that involve children and families and a resolution of |
260 | family disputes in a fair, timely, efficient, and cost-effective |
261 | manner. It is the intent of the Legislature that the courts of |
262 | this state embrace methods of resolving disputes that do not |
263 | cause additional emotional harm to the children and families who |
264 | are required to interact with the judicial system. It is the |
265 | intent of the Legislature to support the development of a |
266 | unified family court and to support the efforts of the state |
267 | courts system to improve the resolution of disputes involving |
268 | children and families through a fully integrated, comprehensive |
269 | approach that includes coordinated case management; the concept |
270 | of "one family, one judge"; collaboration with the community for |
271 | referral to needed services; and methods of alternative dispute |
272 | resolution. The Legislature supports the goal that the legal |
273 | system focus on the needs of children who are involved in the |
274 | litigation, refer families to resources that will make families' |
275 | relationships stronger, coordinate families' cases to provide |
276 | consistent results, and strive to leave families in better |
277 | condition than when the families entered the system. This |
278 | section may not be construed to contravene legislative intent |
279 | provided in this chapter relating to protecting the public from |
280 | acts of delinquency, ensuring that juveniles found to have |
281 | committed a delinquent act understand the consequences and |
282 | serious nature of such behavior, and transferring juveniles from |
283 | the juvenile justice system to the adult system as provided in |
284 | this chapter. |
285 | Section 11. Section 1003.201, Florida Statutes, is created |
286 | to read: |
287 | 1003.201 Legislative intent.--It is the intent of the |
288 | Legislature to provide all children and families with a fully |
289 | integrated, comprehensive approach to handling all cases that |
290 | involve children and families and a resolution of family |
291 | disputes in a fair, timely, efficient, and cost-effective |
292 | manner. It is the intent of the Legislature that the courts of |
293 | this state embrace methods of resolving disputes that do not |
294 | cause additional emotional harm to the children and families who |
295 | are required to interact with the judicial system. It is the |
296 | intent of the Legislature to support the development of a |
297 | unified family court and to support the efforts of the state |
298 | courts system to improve the resolution of disputes involving |
299 | children and families through a fully integrated, comprehensive |
300 | approach that includes coordinated case management; the concept |
301 | of "one family, one judge"; collaboration with the community for |
302 | referral to needed services; and methods of alternative dispute |
303 | resolution. The Legislature supports the goal that the legal |
304 | system focus on the needs of children who are involved in the |
305 | litigation, refer families to resources that will make families' |
306 | relationships stronger, coordinate families' cases to provide |
307 | consistent results, and strive to leave families in better |
308 | condition than when the families entered the system. |
309 | Section 12. This act shall take effect upon becoming a |
310 | law. |