Florida Senate - 2008 CS for SB 628
By the Committee on Children, Families, and Elder Affairs; and Senators Rich, Margolis and Lynn
586-04236-08 2008628c1
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A bill to be entitled
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An act relating to court actions involving families;
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742.016, 743.001, and 1003.269, F.S.; providing
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legislative intent with respect to implementing a unified
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family court program; amending s. 61.402, F.S.; revising
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qualifications for guardians ad litem; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraph (o) is added to subsection (1) of
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section 39.001, Florida Statutes, to read:
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39.001 Purposes and intent; personnel standards and
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screening.--
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(1) PURPOSES OF CHAPTER.--The purposes of this chapter are:
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(o) To provide a comprehensive and integrated approach to
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handling all cases involving children and families which come
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under the jurisdiction of the court and to resolve family
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disputes in a fair, timely, efficient, and cost-effective manner.
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The Legislature finds that it is in the best interests of this
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state that our courts embrace methods of resolving disputes which
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do not result in additional emotional harm to the children and
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families who are required to interact with the judicial system.
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The Legislature finds that the legal system should focus on the
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needs of children, refer families to resources that will make
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family relationships stronger, coordinate family cases in order
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to provide consistent results, and strive to leave families more
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stable than when they entered the system. It is therefore the
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intent of the Legislature to support the development of a unified
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family court and to support the efforts of the state court system
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to improve the resolution of disputes involving children and
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families through a comprehensive and integrated approach that
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includes coordinated case management, the concept of "one family,
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one judge," collaboration with the community for referral to
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needed services, and the use of alternative dispute resolution.
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Section 2. Subsection (2) of section 61.001, Florida
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Statutes, is amended to read:
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61.001 Purpose of chapter.--
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(2) Its purposes are:
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(a) To preserve the integrity of marriage and to safeguard
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meaningful family relationships;
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(b) To promote the amicable settlement of disputes that
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arise between parties to a marriage; and
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(c) To mitigate the potential harm to the spouses and their
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children caused by the process of legal dissolution of marriage;
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and.
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(d) To provide a comprehensive and integrated approach to
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handling all cases involving spouses and their children which
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come under the jurisdiction of the court and to resolve family
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disputes in a fair, timely, efficient, and cost-effective manner.
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The Legislature finds that it is in the best interests of this
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state that our courts embrace methods of resolving disputes which
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do not result in additional emotional harm to the children and
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families who are required to interact with the judicial system.
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The Legislature finds that the legal system should focus on the
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needs of children, refer families to resources that will make
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family relationships stronger, coordinate family cases in order
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to provide consistent results, and strive to leave families more
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stable than when they entered the system. It is therefore the
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intent of the Legislature to support the development of a unified
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family court and to support the efforts of the state court system
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to improve the resolution of disputes involving children and
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families through a comprehensive and integrated approach that
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includes coordinated case management, the concept of "one family,
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one judge," collaboration with the community for referral to
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needed services, and the use of alternative dispute resolution.
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Section 3. Subsection (6) is added to section 63.022,
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Florida Statutes, to read:
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63.022 Legislative intent.--
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(6) It is the intent of the Legislature to provide a
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comprehensive and integrated approach to handling all cases
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involving children and families which come under the jurisdiction
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of the court and to resolve family disputes in a fair, timely,
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efficient, and cost-effective manner. The Legislature finds that
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it is in the best interests of this state that our courts embrace
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methods of resolving disputes which do not result in additional
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emotional harm to the children and families who are required to
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interact with the judicial system. The Legislature finds that the
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legal system should focus on the needs of children, refer
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families to resources that will make family relationships
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stronger, coordinate family cases in order to provide consistent
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results, and strive to leave families more stable than when they
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entered the system. It is therefore the intent of the Legislature
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to support the development of a unified family court and to
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support the efforts of the state court system to improve the
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resolution of disputes involving children and families through a
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comprehensive and integrated approach that includes coordinated
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case management, the concept of "one family, one judge,"
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collaboration with the community for referral to needed services,
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and the use of alternative dispute resolution.
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Section 4. Subsection (9) is added to section 68.07,
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Florida Statues, to read:
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68.07 Change of name.--
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(9) It is the intent of the Legislature to provide a
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comprehensive and integrated approach to handling all cases
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involving children and families which come under the jurisdiction
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of the court and to resolve family disputes in a fair, timely,
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efficient, and cost-effective manner. The Legislature finds that
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it is in the best interests of this state that our courts embrace
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methods of resolving disputes which do not result in additional
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emotional harm to the children and families who are required to
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interact with the judicial system. The Legislature finds that the
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legal system should focus on the needs of children, refer
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families to resources that will make family relationships
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stronger, coordinate family cases in order to provide consistent
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results, and strive to leave families more stable than when they
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entered the system. It is therefore the intent of the Legislature
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to support the development of a unified family court and to
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support the efforts of the state court system to improve the
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resolution of disputes involving children and families through a
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comprehensive and integrated approach that includes coordinated
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case management, the concept of "one family, one judge,"
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collaboration with the community for referral to needed services,
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and the use of alternative dispute resolution.
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Section 5. Section 88.1041, Florida Statutes, is created to
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read:
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88.1041 Legislative intent with respect to tribunal's
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role.--It is the intent of the Legislature to provide a
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comprehensive and integrated approach to handling all cases
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involving children and families which come under the jurisdiction
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of the court and to resolve family disputes in a fair, timely,
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efficient, and cost-effective manner. The Legislature finds that
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it is in the best interests of this state that our courts embrace
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methods of resolving disputes which do not result in additional
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emotional harm to the children and families who are required to
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interact with the judicial system. The Legislature finds that the
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legal system should focus on the needs of children, refer
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families to resources that will make family relationships
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stronger, coordinate family cases in order to provide consistent
132
results, and strive to leave families more stable than when they
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entered the system. It is therefore the intent of the Legislature
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to support the development of a unified family court and to
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support the efforts of the state court system to improve the
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resolution of disputes involving children and families through a
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comprehensive and integrated approach that includes coordinated
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case management, the concept of "one family, one judge,"
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collaboration with the community for referral to needed services,
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and the use of alternative dispute resolution.
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Section 6. Subsection (3) is added to section 741.2902,
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Florida Statutes, to read:
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741.2902 Domestic violence; legislative intent with respect
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to judiciary's role.--
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(3) It is the intent of the Legislature to provide a
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comprehensive and integrated approach to handling all cases
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involving children and families which come under the jurisdiction
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of the court and to resolve family disputes in a fair, timely,
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efficient, and cost-effective manner. The Legislature finds that
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it is in the best interests of this state that our courts embrace
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methods of resolving disputes which do not result in additional
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emotional harm to the children and families who are required to
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interact with the judicial system. The Legislature finds that the
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legal system should focus on the needs of children, refer
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families to resources that will make family relationships
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stronger, coordinate family cases in order to provide consistent
157
results, and strive to leave families more stable than when they
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entered the system. It is therefore the intent of the Legislature
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to support the development of a unified family court and to
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support the efforts of the state court system to improve the
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resolution of disputes involving children and families through a
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comprehensive and integrated approach that includes coordinated
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case management, the concept of "one family, one judge,"
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collaboration with the community for referral to needed services,
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and the use of alternative dispute resolution.
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Section 7. Section 742.016, Florida Statutes, is created to
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read:
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742.016 Legislative intent with respect to the judiciary's
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role.--It is the intent of the Legislature to provide a
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comprehensive and integrated approach to handling all cases
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involving children and families which come under the jurisdiction
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of the court and to resolve family disputes in a fair, timely,
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efficient, and cost-effective manner. The Legislature finds that
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it is in the best interests of this state that our courts embrace
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methods of resolving disputes which do not result in additional
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emotional harm to the children and families who are required to
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interact with the judicial system. The Legislature finds that the
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legal system should focus on the needs of children, refer
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families to resources that will make family relationships
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stronger, coordinate family cases in order to provide consistent
181
results, and strive to leave families more stable than when they
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entered the system. It is therefore the intent of the Legislature
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to support the development of a unified family court and to
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support the efforts of the state court system to improve the
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resolution of disputes involving children and families through a
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comprehensive and integrated approach that includes coordinated
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case management, the concept of "one family, one judge,"
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collaboration with the community for referral to needed services,
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and the use of alternative dispute resolution.
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Section 8. Section 743.001, Florida Statutes, is created to
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read:
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743.001 Legislative intent with respect to the judiciary's
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role.--It is the intent of the Legislature to provide a
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comprehensive and integrated approach to handling all cases
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involving children and families which come under the jurisdiction
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of the court and to resolve family disputes in a fair, timely,
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efficient, and cost-effective manner. The Legislature finds that
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it is in the best interests of this state that our courts embrace
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methods of resolving disputes which do not result in additional
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emotional harm to the children and families who are required to
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interact with the judicial system. The Legislature finds that the
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legal system should focus on the needs of children, refer
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families to resources that will make family relationships
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stronger, coordinate family cases in order to provide consistent
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results, and strive to leave families more stable than when they
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entered the system. It is therefore the intent of the Legislature
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to support the development of a unified family court and to
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support the efforts of the state court system to improve the
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resolution of disputes involving children and families through a
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comprehensive and integrated approach that includes coordinated
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case management, the concept of "one family, one judge,"
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collaboration with the community for referral to needed services,
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and the use of alternative dispute resolution.
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Section 9. Paragraph (g) is added to subsection (1) of
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section 984.01, Florida Statutes, to read:
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984.01 Purposes and intent; personnel standards and
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screening.--
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(1) The purposes of this chapter are:
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(g) To provide a comprehensive and integrated approach to
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handling all cases involving children and families which come
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under the jurisdiction of the court and to resolve family
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disputes in a fair, timely, efficient, and cost-effective manner.
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The Legislature finds that it is in the best interests of this
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state that our courts embrace methods of resolving disputes which
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do not result in additional emotional harm to the children and
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families who are required to interact with the judicial system.
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The Legislature finds that the legal system should focus on the
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needs of children, refer families to resources that will make
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family relationships stronger, coordinate family cases in order
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to provide consistent results, and strive to leave families more
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stable than when they entered the system. It is therefore the
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intent of the Legislature to support the development of a unified
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family court and to support the efforts of the state court system
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to improve the resolution of disputes involving children and
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families through a comprehensive and integrated approach that
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includes coordinated case management, the concept of "one family,
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one judge," collaboration with the community for referral to
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needed services, and the use of alternative dispute resolution.
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Section 10. Paragraph (j) is added to subsection (1) of
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section 985.02, Florida Statutes, to read:
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985.02 Legislative intent for the juvenile justice
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system.--
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(1) GENERAL PROTECTIONS FOR CHILDREN.--It is a purpose of
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the Legislature that the children of this state be provided with
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the following protections:
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(j) A comprehensive and integrated approach to handling all
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cases involving children and families which come under the
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jurisdiction of the court and to resolve family disputes in a
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fair, timely, efficient, and cost-effective manner. The
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Legislature finds that it is in the best interests of this state
251
that our courts embrace methods of resolving disputes which do
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not result in additional emotional harm to the children and
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families who are required to interact with the judicial system.
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The Legislature finds that the legal system should focus on the
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needs of children, refer families to resources that will make
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family relationships stronger, coordinate family cases in order
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to provide consistent results, and strive to leave families more
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stable than when they entered the system. It is therefore the
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intent of the Legislature to support the development of a unified
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family court and to support the efforts of the state court system
261
to improve the resolution of disputes involving children and
262
families through a comprehensive and integrated approach that
263
includes coordinated case management, the concept of "one family,
264
one judge," collaboration with the community for referral to
265
needed services, and the use of alternative dispute resolution.
266
Section 11. Section 1003.269, Florida Statutes, is created
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to read:
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1003.269 Legislative intent with respect to the judiciary's
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role.--It is the intent of the Legislature to provide a
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comprehensive and integrated approach to handling all cases
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involving students and families which come under the jurisdiction
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of the court and to resolve family disputes in a fair, timely,
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efficient, and cost-effective manner. The Legislature finds that
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it is in the best interests of this state that our courts embrace
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methods of resolving disputes which do not result in additional
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emotional harm to the children and families who are required to
277
interact with the judicial system. The Legislature finds that the
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legal system should focus on the needs of children, refer
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families to resources that will make family relationships
280
stronger, coordinate family cases in order to provide consistent
281
results, and strive to leave families more stable than when they
282
entered the system. It is therefore the intent of the Legislature
283
to support the development of a unified family court and to
284
support the efforts of the state court system to improve the
285
resolution of disputes involving children and families through a
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comprehensive and integrated approach that includes coordinated
287
case management, the concept of "one family, one judge,"
288
collaboration with the community for referral to needed services,
289
and the use of alternative dispute resolution.
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Section 12. Section 61.402, Florida Statutes, is amended to
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read:
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61.402 Qualifications of guardians ad litem.--A guardian ad
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litem must be either a citizen certified by the Guardian Ad Litem
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Program to act in family law cases, a citizen certified by a not-
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for-profit legal aid organization as defined in s. 68.096(4), if
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there are no allegations of child abuse, neglect, or abandonment,
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or an attorney who is a member in good standing of The Florida
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Bar. Prior to certifying a guardian ad litem to be appointed
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under this chapter, the Guardian Ad Litem Program must conduct a
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security background investigation as provided in s. 39.821. Prior
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to certifying a guardian ad litem to be appointed under this
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chapter, a legal aid organization must conduct a security
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background investigation as provided in s. 39.821 and may
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participate in the Volunteer and Employee Criminal History System
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as authorized by the National Child Protection Act of 1993 and s.
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Section 13. This act shall take effect upon becoming a law.
CODING: Words stricken are deletions; words underlined are additions.