Florida Senate - 2010 SB 1570 By Senator Rich 34-01634-10 20101570__ 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 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 that 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 efforts of the state 27 courts system to improve the resolution of disputes involving 28 children and families through a fully integrated, comprehensive 29 approach that includes coordinated case management; the concept 30 of “one 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 families’ 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;and46 (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 that 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 efforts of the state 59 courts system to improve the resolution of disputes involving 60 children and families through a fully integrated, comprehensive 61 approach that includes coordinated case management; the concept 62 of “one 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 families’ 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 that 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 efforts of the state courts system to improve the resolution 84 of 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 families’ 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 (10) is added to section 68.07, 96 Florida Statutes, to read: 97 68.07 Change of name.— 98 (10) 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 that 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 efforts of the state courts system to improve the resolution 109 of 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 families’ 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 that 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 efforts of the state 133 courts system to improve the resolution of disputes involving 134 children and families through a fully integrated, comprehensive 135 approach that includes coordinated case management; the concept 136 of “one 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 families’ 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 that do not cause additional emotional harm 155 to the children and families who are required to interact with 156 the judicial system as long as such methods do not conflict with 157 the legislative intent expressed in subsections (1) and (2). It 158 is the intent of the Legislature to support the development of a 159 unified family court and to support the efforts of the state 160 courts system to improve the resolution of disputes involving 161 children and families through a fully integrated, comprehensive 162 approach that includes coordinated case management; the concept 163 of “one family, one judge”; collaboration with the community for 164 referral to needed services; and methods of alternative dispute 165 resolution. Case management or alternative dispute resolution 166 processes must comply with existing laws and court rules 167 governing the use of mediation, case management, and alternative 168 dispute resolution in cases involving injunctions for protection 169 brought under this chapter. The Legislature supports the goal 170 that the legal system focus on the needs of children who are 171 involved in the litigation, refer families to resources that 172 will make families’ relationships stronger, coordinate families’ 173 cases to provide consistent results, and strive to leave 174 families in better condition than when the families entered the 175 system. 176 Section 7. Section 742.016, Florida Statutes, is created to 177 read: 178 742.016 Legislative intent.—It is the intent of the 179 Legislature to provide all children and families with a fully 180 integrated, comprehensive approach to handling all cases that 181 involve children and families and a resolution of family 182 disputes in a fair, timely, efficient, and cost-effective 183 manner. It is the intent of the Legislature that the courts of 184 this state embrace methods of resolving disputes that do not 185 cause additional emotional harm to the children and families who 186 are required to interact with the judicial system. It is the 187 intent of the Legislature to support the development of a 188 unified family court and to support the efforts of the state 189 courts system to improve the resolution of disputes involving 190 children and families through a fully integrated, comprehensive 191 approach that includes coordinated case management; the concept 192 of “one family, one judge”; collaboration with the community for 193 referral to needed services; and methods of alternative dispute 194 resolution. The Legislature supports the goal that the legal 195 system focus on the needs of children who are involved in the 196 litigation, refer families to resources that will make families’ 197 relationships stronger, coordinate families’ cases to provide 198 consistent results, and strive to leave families in better 199 condition than when the families entered the system. 200 Section 8. Section 743.001, Florida Statutes, is created to 201 read: 202 743.001 Legislative intent.—It is the intent of the 203 Legislature to provide all children and families with a fully 204 integrated, comprehensive approach to handling all cases that 205 involve children and families and a resolution of family 206 disputes in a fair, timely, efficient, and cost-effective 207 manner. It is the intent of the Legislature that the courts of 208 this state embrace methods of resolving disputes that do not 209 cause additional emotional harm to the children and families who 210 are required to interact with the judicial system. It is the 211 intent of the Legislature to support the development of a 212 unified family court and to support the efforts of the state 213 courts system to improve the resolution of disputes involving 214 children and families through a fully integrated, comprehensive 215 approach that includes coordinated case management; the concept 216 of “one family, one judge”; collaboration with the community for 217 referral to needed services; and methods of alternative dispute 218 resolution. The Legislature supports the goal that the legal 219 system focus on the needs of children who are involved in the 220 litigation, refer families to resources that will make families’ 221 relationships stronger, coordinate families’ cases to provide 222 consistent results, and strive to leave families in better 223 condition than when the families entered the system. 224 Section 9. Paragraph (g) is added to subsection (1) of 225 section 984.01, Florida Statutes, to read: 226 984.01 Purposes and intent; personnel standards and 227 screening.— 228 (1) The purposes of this chapter are: 229 (g) To provide all children and families with a fully 230 integrated, comprehensive approach to handling all cases that 231 involve children and families and a resolution of family 232 disputes in a fair, timely, efficient, and cost-effective 233 manner. It is the intent of the Legislature that the courts of 234 this state embrace methods of resolving disputes that do not 235 cause additional emotional harm to the children and families who 236 are required to interact with the judicial system. It is the 237 intent of the Legislature to support the development of a 238 unified family court and to support the efforts of the state 239 courts system to improve the resolution of disputes involving 240 children and families through a fully integrated, comprehensive 241 approach that includes coordinated case management; the concept 242 of “one family, one judge”; collaboration with the community for 243 referral to needed services; and methods of alternative dispute 244 resolution. The Legislature supports the goal that the legal 245 system focus on the needs of children who are involved in the 246 litigation, refer families to resources that will make families’ 247 relationships stronger, coordinate families’ cases to provide 248 consistent results, and strive to leave families in better 249 condition than when the families entered the system. 250 Section 10. Paragraph (j) is added to subsection (1) of 251 section 985.02, Florida Statutes, to read: 252 985.02 Legislative intent for the juvenile justice 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. This act shall take effect upon becoming a law.