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; 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 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.