Senate Bill sb2726c1

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    Florida Senate - 2006                           CS for SB 2726

    By the Committee on Children and Families; and Senator Rich





    586-2427-06

  1                      A bill to be entitled

  2         An act relating to court actions involving

  3         families; amending ss. 39.001, 61.001, 63.022,

  4         68.07, 741.2902, 984.01, and 985.02, F.S., and

  5         creating ss. 88.1041, 742.016, 743.001, and

  6         1003.20, F.S.; providing additional purposes

  7         relating to implementing a unified family court

  8         program in the circuit courts; providing

  9         legislative intent; providing an effective

10         date.

11  

12  Be It Enacted by the Legislature of the State of Florida:

13  

14         Section 1.  Paragraph (n) is added to subsection (1) of

15  section 39.001, Florida Statutes, to read:

16         39.001  Purposes and intent; personnel standards and

17  screening.--

18         (1)  PURPOSES OF CHAPTER.--The purposes of this chapter

19  are:

20         (n)  To provide all children and families with a fully

21  integrated, comprehensive approach to handling all cases that

22  involve children and families and a resolution of family

23  disputes in a fair, timely, efficient, and cost-effective

24  manner. It is the intent of the Legislature that the courts of

25  this state embrace methods of resolving disputes that do not

26  cause additional emotional harm to the children and families

27  who are required to interact with the judicial system. It is

28  the intent of the Legislature to support the development of a

29  unified family court and to support the state courts system's

30  efforts to improve the resolution of disputes involving

31  children and families through a fully integrated,

                                  1

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    Florida Senate - 2006                           CS for SB 2726
    586-2427-06




 1  comprehensive approach that includes coordinated case

 2  management; the concept of "one family, one judge";

 3  collaboration with the community for referral to needed

 4  services; and methods of alternative dispute resolution. The

 5  Legislature supports the goal that the legal system should

 6  focus on the needs of children who are involved in the

 7  litigation, refer families to resources that will make

 8  families' relationships stronger, coordinate families' cases

 9  to provide consistent results, and strive to leave families in

10  better condition than when the families entered the system.

11         Section 2.  Paragraph (d) is added to subsection (2) of

12  section 61.001, Florida Statutes, to read:

13         61.001  Purpose of chapter.--

14         (2)  Its purposes are:

15         (d)  To provide all children and families with a fully

16  integrated, comprehensive approach to handling all cases that

17  involve children and families and a resolution of family

18  disputes in a fair, timely, efficient, and cost-effective

19  manner. It is the intent of the Legislature that the courts of

20  this state embrace methods of resolving disputes that do not

21  cause additional emotional harm to the children and families

22  who are required to interact with the judicial system. It is

23  the intent of the Legislature to support the development of a

24  unified family court and to support the state courts system's

25  efforts to improve the resolution of disputes involving

26  children and families through a fully integrated,

27  comprehensive approach that includes coordinated case

28  management; the concept of "one family, one judge";

29  collaboration with the community for referral to needed

30  services; and methods of alternative dispute resolution. The

31  Legislature supports the goal that the legal system should

                                  2

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    Florida Senate - 2006                           CS for SB 2726
    586-2427-06




 1  focus on the needs of children who are involved in the

 2  litigation, refer families to resources that will make

 3  families' relationships stronger, coordinate families' cases

 4  to provide consistent results, and strive to leave families in

 5  better condition than when the families entered the system.

 6         Section 3.  Subsection (6) is added to section 63.022,

 7  Florida Statutes, to read:

 8         63.022  Legislative intent.--

 9         (6)  It is the intent of the Legislature to provide all

10  children and families with a fully integrated, comprehensive

11  approach to handling all cases that involve children and

12  families and a resolution of family disputes in a fair,

13  timely, efficient, and cost-effective manner. It is the intent

14  of the Legislature that the courts of this state embrace

15  methods of resolving disputes that do not cause additional

16  emotional harm to the children and families who are required

17  to interact with the judicial system. It is the intent of the

18  Legislature to support the development of a unified family

19  court and to support the state courts system's efforts to

20  improve the resolution of disputes involving children and

21  families through a fully integrated, comprehensive approach

22  that includes coordinated case management; the concept of "one

23  family, one judge"; collaboration with the community for

24  referral to needed services; and methods of alternative

25  dispute resolution. The Legislature supports the goal that the

26  legal system should focus on the needs of children who are

27  involved in the litigation, refer families to resources that

28  will make families' relationships stronger, coordinate

29  families' cases to provide consistent results, and strive to

30  leave families in better condition than when the families

31  entered the system.

                                  3

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    Florida Senate - 2006                           CS for SB 2726
    586-2427-06




 1         Section 4.  Subsection (9) is added to section 68.07,

 2  Florida Statutes, to read:

 3         68.07  Change of name.--

 4         (9)  It is the intent of the Legislature to provide all

 5  children and families with a fully integrated, comprehensive

 6  approach to handling all cases that involve children and

 7  families and a resolution of family disputes in a fair,

 8  timely, efficient, and cost-effective manner. It is the intent

 9  of the Legislature that the courts of this state embrace

10  methods of resolving disputes that do not cause additional

11  emotional harm to the children and families who are required

12  to interact with the judicial system. It is the intent of the

13  Legislature to support the development of a unified family

14  court and to support the state courts system's efforts to

15  improve the resolution of disputes involving children and

16  families through a fully integrated, comprehensive approach

17  that includes coordinated case management; the concept of "one

18  family, one judge"; collaboration with the community for

19  referral to needed services; and methods of alternative

20  dispute resolution. The Legislature supports the goal that the

21  legal system should focus on the needs of children who are

22  involved in the litigation, refer families to resources that

23  will make families' relationships stronger, coordinate

24  families' cases to provide consistent results, and strive to

25  leave families in better condition than when the families

26  entered the system.

27         Section 5.  Section 88.1041, Florida Statutes, is

28  created to read:

29         88.1041  Legislative intent.--It is the intent of the

30  Legislature to provide all children and families with a fully

31  integrated, comprehensive approach to handling all cases that

                                  4

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    Florida Senate - 2006                           CS for SB 2726
    586-2427-06




 1  involve children and families and a resolution of family

 2  disputes in a fair, timely, efficient, and cost-effective

 3  manner. It is the intent of the Legislature that the courts of

 4  this state embrace methods of resolving disputes that do not

 5  cause additional emotional harm to the children and families

 6  who are required to interact with the judicial system. It is

 7  the intent of the Legislature to support the development of a

 8  unified family court and to support the state courts system's

 9  efforts to improve the resolution of disputes involving

10  children and families through a fully integrated,

11  comprehensive approach that includes coordinated case

12  management; the concept of "one family, one judge";

13  collaboration with the community for referral to needed

14  services; and methods of alternative dispute resolution. The

15  Legislature supports the goal that the legal system should

16  focus on the needs of children who are involved in the

17  litigation, refer families to resources that will make

18  families' relationships stronger, coordinate families' cases

19  to provide consistent results, and strive to leave families in

20  better condition than when the families entered the system.

21         Section 6.  Subsection (3) is added to section

22  741.2902, Florida Statutes, to read:

23         741.2902  Domestic violence; legislative intent with

24  respect to judiciary's role.--

25         (3)  It is the intent of the Legislature to provide all

26  children and families with a fully integrated, comprehensive

27  approach to handling all cases that involve children and

28  families and a resolution of family disputes in a fair,

29  timely, efficient, and cost-effective manner. It is the intent

30  of the Legislature that the courts of this state embrace

31  methods of resolving disputes that do not cause additional

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                           CS for SB 2726
    586-2427-06




 1  emotional harm to the children and families who are required

 2  to interact with the judicial system. It is the intent of the

 3  Legislature to support the development of a unified family

 4  court and to support the state courts system's efforts to

 5  improve the resolution of disputes involving children and

 6  families through a fully integrated, comprehensive approach

 7  that includes coordinated case management; the concept of "one

 8  family, one judge"; collaboration with the community for

 9  referral to needed services; and methods of alternative

10  dispute resolution. The Legislature supports the goal that the

11  legal system should focus on the needs of children who are

12  involved in the litigation, refer families to resources that

13  will make families' relationships stronger, coordinate

14  families' cases to provide consistent results, and strive to

15  leave families in better condition than when the families

16  entered the system.

17         Section 7.  Section 742.016, Florida Statutes, is

18  created to read:

19         742.016  Legislative intent.--It is the intent of the

20  Legislature to provide all children and families with a fully

21  integrated, comprehensive approach to handling all cases that

22  involve children and families and a resolution of family

23  disputes in a fair, timely, efficient, and cost-effective

24  manner. It is the intent of the Legislature that the courts of

25  this state embrace methods of resolving disputes that do not

26  cause additional emotional harm to the children and families

27  who are required to interact with the judicial system. It is

28  the intent of the Legislature to support the development of a

29  unified family court and to support the state courts system's

30  efforts to improve the resolution of disputes involving

31  children and families through a fully integrated,

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                           CS for SB 2726
    586-2427-06




 1  comprehensive approach that includes coordinated case

 2  management; the concept of "one family, one judge";

 3  collaboration with the community for referral to needed

 4  services; and methods of alternative dispute resolution. The

 5  Legislature supports the goal that the legal system should

 6  focus on the needs of children who are involved in the

 7  litigation, refer families to resources that will make

 8  families' relationships stronger, coordinate families' cases

 9  to provide consistent results, and strive to leave families in

10  better condition than when the families entered the system.

11         Section 8.  Section 743.001, Florida Statutes, is

12  created to read:

13         743.001  Legislative intent.--It is the intent of the

14  Legislature to provide all children and families with a fully

15  integrated, comprehensive approach to handling all cases that

16  involve children and families and a resolution of family

17  disputes in a fair, timely, efficient, and cost-effective

18  manner. It is the intent of the Legislature that the courts of

19  this state embrace methods of resolving disputes that do not

20  cause additional emotional harm to the children and families

21  who are required to interact with the judicial system. It is

22  the intent of the Legislature to support the development of a

23  unified family court and to support the state courts system's

24  efforts to improve the resolution of disputes involving

25  children and families through a fully integrated,

26  comprehensive approach that includes coordinated case

27  management; the concept of "one family, one judge";

28  collaboration with the community for referral to needed

29  services; and methods of alternative dispute resolution. The

30  Legislature supports the goal that the legal system should

31  focus on the needs of children who are involved in the

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                           CS for SB 2726
    586-2427-06




 1  litigation, refer families to resources that will make

 2  families' relationships stronger, coordinate families' cases

 3  to provide consistent results, and strive to leave families in

 4  better condition than when the families entered the system.

 5         Section 9.  Paragraph (g) is added to subsection (1) of

 6  section 984.01, Florida Statutes, to read:

 7         984.01  Purposes and intent; personnel standards and

 8  screening.--

 9         (1)  The purposes of this chapter are:

10         (g)  To provide all children and families with a fully

11  integrated, comprehensive approach to handling all cases that

12  involve children and families and a resolution of family

13  disputes in a fair, timely, efficient, and cost-effective

14  manner. It is the intent of the Legislature that the courts of

15  this state embrace methods of resolving disputes that do not

16  cause additional emotional harm to the children and families

17  who are required to interact with the judicial system. It is

18  the intent of the Legislature to support the development of a

19  unified family court and to support the state courts system's

20  efforts to improve the resolution of disputes involving

21  children and families through a fully integrated,

22  comprehensive approach that includes coordinated case

23  management; the concept of "one family, one judge";

24  collaboration with the community for referral to needed

25  services; and methods of alternative dispute resolution. The

26  Legislature supports the goal that the legal system should

27  focus on the needs of children who are involved in the

28  litigation, refer families to resources that will make

29  families' relationships stronger, coordinate families' cases

30  to provide consistent results, and strive to leave families in

31  better condition than when the families entered the system.

                                  8

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    Florida Senate - 2006                           CS for SB 2726
    586-2427-06




 1         Section 10.  Paragraph (j) is added to subsection (1)

 2  of section 985.02, Florida Statutes, to read:

 3         985.02  Legislative intent for the juvenile justice

 4  system.--

 5         (1)  GENERAL PROTECTIONS FOR CHILDREN.--It is a purpose

 6  of the Legislature that the children of this state be provided

 7  with the following protections:

 8         (j)  A fully integrated, comprehensive approach to

 9  handling all cases that involve children and families and a

10  resolution of family disputes in a fair, timely, efficient,

11  and cost-effective manner. It is the intent of the Legislature

12  that the courts of this state embrace methods of resolving

13  disputes that do not cause additional emotional harm to the

14  children and families who are required to interact with the

15  judicial system. It is the intent of the Legislature to

16  support the development of a unified family court and to

17  support the state courts system's efforts to improve the

18  resolution of disputes involving children and families through

19  a fully integrated, comprehensive approach that includes

20  coordinated case management; the concept of "one family, one

21  judge"; collaboration with the community for referral to

22  needed services; and methods of alternative dispute

23  resolution. The Legislature supports the goal that the legal

24  system should focus on the needs of children who are involved

25  in the litigation, refer families to resources that will make

26  families' relationships stronger, coordinate families' cases

27  to provide consistent results, and strive to leave families in

28  better condition than when the families entered the system.

29         Section 11.  Section 1003.20, Florida Statutes, is

30  created to read:

31  

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    Florida Senate - 2006                           CS for SB 2726
    586-2427-06




 1         1003.20  Legislative intent.--It is the intent of the

 2  Legislature to provide all children and families with a fully

 3  integrated, comprehensive approach to handling all cases that

 4  involve children and families and a resolution of family

 5  disputes in a fair, timely, efficient, and cost-effective

 6  manner. It is the intent of the Legislature that the courts of

 7  this state embrace methods of resolving disputes that do not

 8  cause additional emotional harm to the children and families

 9  who are required to interact with the judicial system. It is

10  the intent of the Legislature to support the development of a

11  unified family court and to support the state courts system's

12  efforts to improve the resolution of disputes involving

13  children and families through a fully integrated,

14  comprehensive approach that includes coordinated case

15  management; the concept of "one family, one judge";

16  collaboration with the community for referral to needed

17  services; and methods of alternative dispute resolution. The

18  Legislature supports the goal that the legal system should

19  focus on the needs of children who are involved in the

20  litigation, refer families to resources that will make

21  families' relationships stronger, coordinate families' cases

22  to provide consistent results, and strive to leave families in

23  better condition than when the families entered the system.

24         Section 12.  This act shall take effect July 1, 2006.

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    Florida Senate - 2006                           CS for SB 2726
    586-2427-06




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2726

 3                                 

 4  Rewords the Legislative intent language relating to a unified
    family court program.
 5  
    Adds the language to eight sections of law in addition to the
 6  three sections in the original bill.  The new sections are:

 7  -    Chapter 63, F.S., pertaining to adoption;

 8  -    Section 68.07, F.S., pertaining to name change;

 9  -    Chapter 88, F.S., pertaining to the Uniform Interstate
         Family Support Act;
10  
    -    Chapter 741, F.S., pertaining to marriage and domestic
11       violence;

12  -    Chapter 742, F.S., pertaining to the determination of
         parentage;
13  
    -    Chapter 743, F.S., pertaining to the disability of nonage
14       of minors;

15  -    Chapter 984, F.S., pertaining to children and families in
         need of services;
16  
    -    Chapter 1003, F.S., (part II), pertaining to school
17       attendance.

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