Florida Senate - 2009 CS for SB 878
By the Committee on Children, Families, and Elder Affairs and
Senator Rich
586-02139-09 2009878c1
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 985.01, F.S., and creating ss. 88.1041,
5 742.016, 743.001, and 1003.201, F.S.; providing
6 additional purposes relating to implementing a unified
7 family court program in the circuit courts; providing
8 legislative intent; providing an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
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 are:
17 (o) To provide all children and families with a fully
18 integrated, comprehensive approach to handling all cases that
19 involve children and families and a resolution of family
20 disputes in a fair, timely, efficient, and cost-effective
21 manner. It is the intent of the Legislature that the courts of
22 this state embrace methods of resolving disputes which do not
23 cause additional emotional harm to the children and families who
24 are required to interact with the judicial system. It is the
25 intent of the Legislature to support the development of a
26 unified family court and to support the state court system's
27 efforts to improve the resolution of disputes involving children
28 and families through a fully integrated, comprehensive approach
29 that includes coordinated case management; the concept of “one
30 family, one judge”; collaboration with the community for
31 referral to needed services; and methods of alternative dispute
32 resolution. The Legislature supports the goal that the legal
33 system focus on the needs of children who are involved in the
34 litigation, refer families to resources that will make family
35 relationships stronger, coordinate families' cases to provide
36 consistent results, and strive to leave families in better
37 condition than when the families entered the system.
38 Section 2. Subsection (2) of section 61.001, Florida
39 Statutes, is amended to read:
40 61.001 Purpose of chapter.—
41 (2) Its purposes are:
42 (a) To preserve the integrity of marriage and to safeguard
43 meaningful family relationships;
44 (b) To promote the amicable settlement of disputes that
45 arise between parties to a marriage; and
46 (c) To mitigate the potential harm to the spouses and their
47 children caused by the process of legal dissolution of marriage;
48 and
49 (d) To provide all children and families with a fully
50 integrated, comprehensive approach to handling all cases that
51 involve children and families and a resolution of family
52 disputes in a fair, timely, efficient, and cost-effective
53 manner. It is the intent of the Legislature that the courts of
54 this state embrace methods of resolving disputes which do not
55 cause additional emotional harm to the children and families who
56 are required to interact with the judicial system. It is the
57 intent of the Legislature to support the development of a
58 unified family court and to support the state court system's
59 efforts to improve the resolution of disputes involving children
60 and families through a fully integrated, comprehensive approach
61 that includes coordinated case management; the concept of “one
62 family, one judge”; collaboration with the community for
63 referral to needed services; and methods of alternative dispute
64 resolution. The Legislature supports the goal that the legal
65 system focus on the needs of children who are involved in the
66 litigation, refer families to resources that will make family
67 relationships stronger, coordinate families' cases to provide
68 consistent results, and strive to leave families in better
69 condition than when the families entered the system.
70 Section 3. Subsection (6) is added to section 63.022,
71 Florida Statutes, to read:
72 63.022 Legislative intent.—
73 (6) It is the intent of the Legislature to provide all
74 children and families with a fully integrated, comprehensive
75 approach to handling all cases that involve children and
76 families and a resolution of family disputes in a fair, timely,
77 efficient, and cost-effective manner. It is the intent of the
78 Legislature that the courts of this state embrace methods of
79 resolving disputes which do not cause additional emotional harm
80 to the children and families who are required to interact with
81 the judicial system. It is the intent of the Legislature to
82 support the development of a unified family court and to support
83 the state court system's efforts to improve the resolution of
84 disputes involving children and families through a fully
85 integrated, comprehensive approach that includes coordinated
86 case management; the concept of “one family, one judge”;
87 collaboration with the community for referral to needed
88 services; and methods of alternative dispute resolution. The
89 Legislature supports the goal that the legal system focus on the
90 needs of children who are involved in the litigation, refer
91 families to resources that will make family relationships
92 stronger, coordinate families' cases to provide consistent
93 results, and strive to leave families in better condition than
94 when the families entered the system.
95 Section 4. Subsection (9) is added to section 68.07,
96 Florida Statutes, to read:
97 68.07 Change of name.—
98 (9) It is the intent of the Legislature to provide all
99 children and families with a fully integrated, comprehensive
100 approach to handling all cases that involve children and
101 families and a resolution of family disputes in a fair, timely,
102 efficient, and cost-effective manner. It is the intent of the
103 Legislature that the courts of this state embrace methods of
104 resolving disputes which do not cause additional emotional harm
105 to the children and families who are required to interact with
106 the judicial system. It is the intent of the Legislature to
107 support the development of a unified family court and to support
108 the state court system's efforts to improve the resolution of
109 disputes involving children and families through a fully
110 integrated, comprehensive approach that includes coordinated
111 case management; the concept of “one family, one judge”;
112 collaboration with the community for referral to needed
113 services; and methods of alternative dispute resolution. The
114 Legislature supports the goal that the legal system focus on the
115 needs of children who are involved in the litigation, refer
116 families to resources that will make family relationships
117 stronger, coordinate families' cases to provide consistent
118 results, and strive to leave families in better condition than
119 when the families entered the system.
120 Section 5. Section 88.1041, Florida Statutes, is created to
121 read:
122 88.1041 Legislative intent.—It is the intent of the
123 Legislature to provide all children and families with a fully
124 integrated, comprehensive approach to handling all cases that
125 involve children and families and a resolution of family
126 disputes in a fair, timely, efficient, and cost-effective
127 manner. It is the intent of the Legislature that the courts of
128 this state embrace methods of resolving disputes which do not
129 cause additional emotional harm to the children and families who
130 are required to interact with the judicial system. It is the
131 intent of the Legislature to support the development of a
132 unified family court and to support the state court system's
133 efforts to improve the resolution of disputes involving children
134 and families through a fully integrated, comprehensive approach
135 that includes coordinated case management; the concept of “one
136 family, one judge”; collaboration with the community for
137 referral to needed services; and methods of alternative dispute
138 resolution. The Legislature supports the goal that the legal
139 system focus on the needs of children who are involved in the
140 litigation, refer families to resources that will make family
141 relationships stronger, coordinate families' cases to provide
142 consistent results, and strive to leave families in better
143 condition than when the families entered the system.
144 Section 6. Subsection (3) is added to section 741.2902,
145 Florida Statutes, to read:
146 741.2902 Domestic violence; legislative intent with respect
147 to judiciary's role.—
148 (3) It is the intent of the Legislature to provide all
149 children and families with a fully integrated, comprehensive
150 approach to handling all cases that involve children and
151 families and a resolution of family disputes in a fair, timely,
152 efficient, and cost-effective manner. It is the intent of the
153 Legislature that the courts of this state embrace methods of
154 resolving disputes which do not cause additional emotional harm
155 to the children and families who are required to interact with
156 the judicial system. It is the intent of the Legislature to
157 support the development of a unified family court and to support
158 the state court system's efforts to improve the resolution of
159 disputes involving children and families through a fully
160 integrated, comprehensive approach that includes coordinated
161 case management; the concept of “one family, one judge”;
162 collaboration with the community for referral to needed
163 services; and methods of alternative dispute resolution. The
164 Legislature supports the goal that the legal system focus on the
165 needs of children who are involved in the litigation, refer
166 families to resources that will make family relationships
167 stronger, coordinate families' cases to provide consistent
168 results, and strive to leave families in better condition than
169 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
176 disputes in a fair, timely, efficient, and cost-effective
177 manner. It is the intent of the Legislature that the courts of
178 this state embrace methods of resolving disputes which do not
179 cause additional emotional harm to the children and families who
180 are required to interact with the judicial system. It is the
181 intent of the Legislature to support the development of a
182 unified family court and to support the state court system's
183 efforts to improve the resolution of disputes involving children
184 and families through a fully integrated, comprehensive approach
185 that includes coordinated case management; the concept of “one
186 family, one judge”; collaboration with the community for
187 referral to needed services; and methods of alternative dispute
188 resolution. The Legislature supports the goal that the legal
189 system focus on the needs of children who are involved in the
190 litigation, refer families to resources that will make family
191 relationships stronger, coordinate families' cases to provide
192 consistent results, and strive to leave families in better
193 condition than 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
200 disputes in a fair, timely, efficient, and cost-effective
201 manner. It is the intent of the Legislature that the courts of
202 this state embrace methods of resolving disputes which do not
203 cause additional emotional harm to the children and families who
204 are required to interact with the judicial system. It is the
205 intent of the Legislature to support the development of a
206 unified family court and to support the state court system's
207 efforts to improve the resolution of disputes involving children
208 and families through a fully integrated, comprehensive approach
209 that includes coordinated case management; the concept of “one
210 family, one judge”; collaboration with the community for
211 referral to needed services; and methods of alternative dispute
212 resolution. The Legislature supports the goal that the legal
213 system focus on the needs of children who are involved in the
214 litigation, refer families to resources that will make family
215 relationships stronger, coordinate families' cases to provide
216 consistent results, and strive to leave families in better
217 condition than 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
226 disputes in a fair, timely, efficient, and cost-effective
227 manner. It is the intent of the Legislature that the courts of
228 this state embrace methods of resolving disputes which do not
229 cause additional emotional harm to the children and families who
230 are required to interact with the judicial system. It is the
231 intent of the Legislature to support the development of a
232 unified family court and to support the state court system's
233 efforts to improve the resolution of disputes involving children
234 and families through a fully integrated, comprehensive approach
235 that includes coordinated case management; the concept of “one
236 family, one judge”; collaboration with the community for
237 referral to needed services; and methods of alternative dispute
238 resolution. The Legislature supports the goal that the legal
239 system focus on the needs of children who are involved in the
240 litigation, refer families to resources that will make family
241 relationships stronger, coordinate families' cases to provide
242 consistent results, and strive to leave families in better
243 condition than when the families entered the system.
244 Section 10. Paragraph (e) of subsection (1) of section
245 985.01, Florida Statutes, is amended to read:
246 985.01 Purposes and intent.—
247 (1) The purposes of this chapter are:
248 (e)1. To assure that the adjudication and disposition of a
249 child alleged or found to have committed a violation of Florida
250 law be exercised with appropriate discretion and in keeping with
251 the seriousness of the offense and the need for treatment
252 services, and that all findings made under this chapter be based
253 upon facts presented at a hearing that meets the constitutional
254 standards of fundamental fairness and due process.
255 2. To assure that the sentencing and placement of a child
256 tried as an adult be appropriate and in keeping with the
257 seriousness of the offense and the child's need for
258 rehabilitative services, and that the proceedings and procedures
259 applicable to such sentencing and placement be applied within
260 the full framework of constitutional standards of fundamental
261 fairness and due process.
262 3. To provide all children and families with a fully
263 integrated, comprehensive approach to handling all cases that
264 involve children and families and a resolution of family
265 disputes in a fair, timely, efficient, and cost-effective
266 manner. It is the intent of the Legislature that the courts of
267 this state embrace methods of resolving disputes which do not
268 cause additional emotional harm to the children and families who
269 are required to interact with the judicial system. It is the
270 intent of the Legislature to support the development of a
271 unified family court and to support the state court system's
272 efforts to improve the resolution of disputes involving children
273 and families through a fully integrated, comprehensive approach
274 that includes coordinated case management; the concept of “one
275 family, one judge”; collaboration with the community for
276 referral to needed services; and methods of alternative dispute
277 resolution. The Legislature supports the goal that the legal
278 system focus on the needs of children who are involved in the
279 litigation, refer families to resources that will make family
280 relationships stronger, coordinate families' cases to provide
281 consistent results, and strive to leave families in better
282 condition than when the families entered the system.
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 which 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 state court system's
296 efforts to improve the resolution of disputes involving children
297 and families through a fully integrated, comprehensive approach
298 that includes coordinated case management; the concept of “one
299 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 family
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. This act shall take effect upon becoming a law.
308