CS/HB 145

1
A bill to be entitled
2An act relating to court actions involving families;
3amending ss. 39.001, 61.001, 63.022, 68.07, 741.2902,
4984.01, and 985.02, F.S., and creating ss. 88.1041,
5742.016, 743.001, and 1003.201, F.S.; providing additional
6purposes relating to implementing a unified family court
7program in the circuit courts; providing legislative
8intent; amending s. 61.402, F.S.; expanding eligibility
9criteria for guardians ad litem; providing requirements
10for and limitations on certification of guardians ad litem
11by not-for-profit legal aid organizations; providing an
12effective date.
13
14Be It Enacted by the Legislature of the State of Florida:
15
16     Section 1.  Paragraph (o) is added to subsection (1) of
17section 39.001, Florida Statutes, to read:
18     39.001  Purposes and intent; personnel standards and
19screening.--
20     (1)  PURPOSES OF CHAPTER.--The purposes of this chapter
21are:
22     (o)  To provide all children and families with a fully
23integrated, comprehensive approach to handling all cases that
24involve children and families and a resolution of family
25disputes in a fair, timely, efficient, and cost-effective
26manner. It is the intent of the Legislature that the courts of
27this state embrace methods of resolving disputes that do not
28cause additional emotional harm to the children and families who
29are required to interact with the judicial system. It is the
30intent of the Legislature to support the development of a
31unified family court and to support the state courts system's
32efforts to improve the resolution of disputes involving children
33and families through a fully integrated, comprehensive approach
34that includes coordinated case management; the concept of "one
35family, one judge"; collaboration with the community for
36referral to needed services; and methods of alternative dispute
37resolution. The Legislature supports the goal that the legal
38system focus on the needs of children who are involved in the
39litigation, refer families to resources that will make families'
40relationships stronger, coordinate families' cases to provide
41consistent results, and strive to leave families in better
42condition than when the families entered the system.
43     Section 2.  Subsection (2) of section 61.001, Florida
44Statutes, is amended to read:
45     61.001  Purpose of chapter.--
46     (2)  Its purposes are:
47     (a)  To preserve the integrity of marriage and to safeguard
48meaningful family relationships.;
49     (b)  To promote the amicable settlement of disputes that
50arise between parties to a marriage.; and
51     (c)  To mitigate the potential harm to the spouses and
52their children caused by the process of legal dissolution of
53marriage.
54     (d)  To provide all children and families with a fully
55integrated, comprehensive approach to handling all cases that
56involve children and families and a resolution of family
57disputes in a fair, timely, efficient, and cost-effective
58manner. It is the intent of the Legislature that the courts of
59this state embrace methods of resolving disputes that do not
60cause additional emotional harm to the children and families who
61are required to interact with the judicial system. It is the
62intent of the Legislature to support the development of a
63unified family court and to support the state courts system's
64efforts to improve the resolution of disputes involving children
65and families through a fully integrated, comprehensive approach
66that includes coordinated case management; the concept of "one
67family, one judge"; collaboration with the community for
68referral to needed services; and methods of alternative dispute
69resolution. The Legislature supports the goal that the legal
70system focus on the needs of children who are involved in the
71litigation, refer families to resources that will make families'
72relationships stronger, coordinate families' cases to provide
73consistent results, and strive to leave families in better
74condition than when the families entered the system.
75     Section 3.  Subsection (6) is added to section 63.022,
76Florida Statutes, to read:
77     63.022  Legislative intent.--
78     (6)  It is the intent of the Legislature to provide all
79children and families with a fully integrated, comprehensive
80approach to handling all cases that involve children and
81families and a resolution of family disputes in a fair, timely,
82efficient, and cost-effective manner. It is the intent of the
83Legislature that the courts of this state embrace methods of
84resolving disputes that do not cause additional emotional harm
85to the children and families who are required to interact with
86the judicial system. It is the intent of the Legislature to
87support the development of a unified family court and to support
88the state courts system's efforts to improve the resolution of
89disputes involving children and families through a fully
90integrated, comprehensive approach that includes coordinated
91case management; the concept of "one family, one judge";
92collaboration with the community for referral to needed
93services; and methods of alternative dispute resolution. The
94Legislature supports the goal that the legal system focus on the
95needs of children who are involved in the litigation, refer
96families to resources that will make families' relationships
97stronger, coordinate families' cases to provide consistent
98results, and strive to leave families in better condition than
99when the families entered the system.
100     Section 4.  Subsection (9) is added to section 68.07,
101Florida Statutes, to read:
102     68.07  Change of name.--
103     (9)  It is the intent of the Legislature to provide all
104children and families with a fully integrated, comprehensive
105approach to handling all cases that involve children and
106families and a resolution of family disputes in a fair, timely,
107efficient, and cost-effective manner. It is the intent of the
108Legislature that the courts of this state embrace methods of
109resolving disputes that do not cause additional emotional harm
110to the children and families who are required to interact with
111the judicial system. It is the intent of the Legislature to
112support the development of a unified family court and to support
113the state courts system's efforts to improve the resolution of
114disputes involving children and families through a fully
115integrated, comprehensive approach that includes coordinated
116case management; the concept of "one family, one judge";
117collaboration with the community for referral to needed
118services; and methods of alternative dispute resolution. The
119Legislature supports the goal that the legal system focus on the
120needs of children who are involved in the litigation, refer
121families to resources that will make families' relationships
122stronger, coordinate families' cases to provide consistent
123results, and strive to leave families in better condition than
124when the families entered the system.
125     Section 5.  Section 88.1041, Florida Statutes, is created
126to read:
127     88.1041  Legislative intent.--It is the intent of the
128Legislature to provide all children and families with a fully
129integrated, comprehensive approach to handling all cases that
130involve children and families and a resolution of family
131disputes in a fair, timely, efficient, and cost-effective
132manner. It is the intent of the Legislature that the courts of
133this state embrace methods of resolving disputes that do not
134cause additional emotional harm to the children and families who
135are required to interact with the judicial system. It is the
136intent of the Legislature to support the development of a
137unified family court and to support the state courts system's
138efforts to improve the resolution of disputes involving children
139and families through a fully integrated, comprehensive approach
140that includes coordinated case management; the concept of "one
141family, one judge"; collaboration with the community for
142referral to needed services; and methods of alternative dispute
143resolution. The Legislature supports the goal that the legal
144system focus on the needs of children who are involved in the
145litigation, refer families to resources that will make families'
146relationships stronger, coordinate families' cases to provide
147consistent results, and strive to leave families in better
148condition than when the families entered the system.
149     Section 6.  Subsection (3) is added to section 741.2902,
150Florida Statutes, to read:
151     741.2902  Domestic violence; legislative intent with
152respect to judiciary's role.--
153     (3)  It is the intent of the Legislature to provide all
154children and families with a fully integrated, comprehensive
155approach to handling all cases that involve children and
156families and a resolution of family disputes in a fair, timely,
157efficient, and cost-effective manner. It is the intent of the
158Legislature that the courts of this state embrace methods of
159resolving disputes that do not cause additional emotional harm
160to the children and families who are required to interact with
161the judicial system. It is the intent of the Legislature to
162support the development of a unified family court and to support
163the state courts system's efforts to improve the resolution of
164disputes involving children and families through a fully
165integrated, comprehensive approach that includes coordinated
166case management; the concept of "one family, one judge";
167collaboration with the community for referral to needed
168services; and methods of alternative dispute resolution. The
169Legislature supports the goal that the legal system focus on the
170needs of children who are involved in the litigation, refer
171families to resources that will make families' relationships
172stronger, coordinate families' cases to provide consistent
173results, and strive to leave families in better condition than
174when the families entered the system.
175     Section 7.  Section 742.016, Florida Statutes, is created
176to read:
177     742.016  Legislative intent.--It is the intent of the
178Legislature to provide all children and families with a fully
179integrated, comprehensive approach to handling all cases that
180involve children and families and a resolution of family
181disputes in a fair, timely, efficient, and cost-effective
182manner. It is the intent of the Legislature that the courts of
183this state embrace methods of resolving disputes that do not
184cause additional emotional harm to the children and families who
185are required to interact with the judicial system. It is the
186intent of the Legislature to support the development of a
187unified family court and to support the state courts system's
188efforts to improve the resolution of disputes involving children
189and families through a fully integrated, comprehensive approach
190that includes coordinated case management; the concept of "one
191family, one judge"; collaboration with the community for
192referral to needed services; and methods of alternative dispute
193resolution. The Legislature supports the goal that the legal
194system focus on the needs of children who are involved in the
195litigation, refer families to resources that will make families'
196relationships stronger, coordinate families' cases to provide
197consistent results, and strive to leave families in better
198condition than when the families entered the system.
199     Section 8.  Section 743.001, Florida Statutes, is created
200to read:
201     743.001  Legislative intent.--It is the intent of the
202Legislature to provide all children and families with a fully
203integrated, comprehensive approach to handling all cases that
204involve children and families and a resolution of family
205disputes in a fair, timely, efficient, and cost-effective
206manner. It is the intent of the Legislature that the courts of
207this state embrace methods of resolving disputes that do not
208cause additional emotional harm to the children and families who
209are required to interact with the judicial system. It is the
210intent of the Legislature to support the development of a
211unified family court and to support the state courts system's
212efforts to improve the resolution of disputes involving children
213and families through a fully integrated, comprehensive approach
214that includes coordinated case management; the concept of "one
215family, one judge"; collaboration with the community for
216referral to needed services; and methods of alternative dispute
217resolution. The Legislature supports the goal that the legal
218system focus on the needs of children who are involved in the
219litigation, refer families to resources that will make families'
220relationships stronger, coordinate families' cases to provide
221consistent results, and strive to leave families in better
222condition than when the families entered the system.
223     Section 9.  Paragraph (g) is added to subsection (1) of
224section 984.01, Florida Statutes, to read:
225     984.01  Purposes and intent; personnel standards and
226screening.--
227     (1)  The purposes of this chapter are:
228     (g)  To provide all children and families with a fully
229integrated, comprehensive approach to handling all cases that
230involve children and families and a resolution of family
231disputes in a fair, timely, efficient, and cost-effective
232manner. It is the intent of the Legislature that the courts of
233this state embrace methods of resolving disputes that do not
234cause additional emotional harm to the children and families who
235are required to interact with the judicial system. It is the
236intent of the Legislature to support the development of a
237unified family court and to support the state courts system's
238efforts to improve the resolution of disputes involving children
239and families through a fully integrated, comprehensive approach
240that includes coordinated case management; the concept of "one
241family, one judge"; collaboration with the community for
242referral to needed services; and methods of alternative dispute
243resolution. The Legislature supports the goal that the legal
244system focus on the needs of children who are involved in the
245litigation, refer families to resources that will make families'
246relationships stronger, coordinate families' cases to provide
247consistent results, and strive to leave families in better
248condition than when the families entered the system.
249     Section 10.  Paragraph (j) is added to subsection (1) of
250section 985.02, Florida Statutes, to read:
251     985.02  Legislative intent for the juvenile justice
252system.--
253     (1)  GENERAL PROTECTIONS FOR CHILDREN.--It is a purpose of
254the Legislature that the children of this state be provided with
255the following protections:
256     (j)  A fully integrated, comprehensive approach to handling
257all cases that involve children and families and a resolution of
258family disputes in a fair, timely, efficient, and cost-effective
259manner. It is the intent of the Legislature that the courts of
260this state embrace methods of resolving disputes that do not
261cause additional emotional harm to the children and families who
262are required to interact with the judicial system. It is the
263intent of the Legislature to support the development of a
264unified family court and to support the state courts system's
265efforts to improve the resolution of disputes involving children
266and families through a fully integrated, comprehensive approach
267that includes coordinated case management; the concept of "one
268family, one judge"; collaboration with the community for
269referral to needed services; and methods of alternative dispute
270resolution. The Legislature supports the goal that the legal
271system focus on the needs of children who are involved in the
272litigation, refer families to resources that will make families'
273relationships stronger, coordinate families' cases to provide
274consistent results, and strive to leave families in better
275condition than when the families entered the system.
276     Section 11.  Section 1003.201, Florida Statutes, is created
277to read:
278     1003.201  Legislative intent.--It is the intent of the
279Legislature to provide all children and families with a fully
280integrated, comprehensive approach to handling all cases that
281involve children and families and a resolution of family
282disputes in a fair, timely, efficient, and cost-effective
283manner. It is the intent of the Legislature that the courts of
284this state embrace methods of resolving disputes that do not
285cause additional emotional harm to the children and families who
286are required to interact with the judicial system. It is the
287intent of the Legislature to support the development of a
288unified family court and to support the state courts system's
289efforts to improve the resolution of disputes involving children
290and families through a fully integrated, comprehensive approach
291that includes coordinated case management; the concept of "one
292family, one judge"; collaboration with the community for
293referral to needed services; and methods of alternative dispute
294resolution. The Legislature supports the goal that the legal
295system focus on the needs of children who are involved in the
296litigation, refer families to resources that will make families'
297relationships stronger, coordinate families' cases to provide
298consistent results, and strive to leave families in better
299condition than when the families entered the system.
300     Section 12.  Section 61.402, Florida Statutes, is amended
301to read:
302     61.402  Qualifications of guardians ad litem.--A guardian
303ad litem must be either a citizen certified by the Guardian Ad
304Litem Program to act in family law cases, a citizen certified by
305a not-for-profit legal aid organization as defined in s. 68.096,
306or an attorney who is a member in good standing of The Florida
307Bar. Prior to certifying a guardian ad litem to be appointed
308under this chapter, the Guardian Ad Litem Program must conduct a
309security background investigation as provided in s. 39.821.
310Certification by a not-for-profit legal aid organization shall
311qualify a guardian ad litem to serve only in actions described
312in s. 61.401 other than actions in which the court has
313determined that there are well-founded allegations of child
314abuse, abandonment, or neglect as defined in s. 39.01. Prior to
315certifying a guardian ad litem, a not-for-profit legal aid
316organization must conduct a security background investigation
317that conforms to the requirements of s. 39.821.
318     Section 13.  This act shall take effect upon becoming a
319law.


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