Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1456
Barcode 070594
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 The Committee on Judiciary (Campbell) recommended the
12 following amendment:
13
14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
16
17 and insert:
18 Section 1. (1) In any action in which a male is
19 required to pay child support as the father of a child, a
20 petition to set aside a determination of paternity may be made
21 at any time upon the grounds set forth in this section. Any
22 such petition shall be filed in the circuit court and shall
23 include:
24 (a) An affidavit executed by the petitioner that newly
25 discovered evidence has come to the petitioner's knowledge
26 since the entry of judgment.
27 (b) The results of scientific tests that are generally
28 acceptable within the scientific community to show a
29 probability of paternity, administered within 90 days prior to
30 the filing of such petition, which results indicate that the
31 male ordered to pay such child support cannot be the father of
1
11:37 AM 04/06/05 s1456.ju32.001
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1456
Barcode 070594
1 the child for whom support is required. A male who suspects he
2 is not the father but does not have access to the child to
3 have genetic testing performed may file a petition requesting
4 the court to order the child to be tested.
5 (c) An affidavit executed by the petitioner stating
6 that the petitioner is current on all child support payments
7 for the child for whom relief is sought.
8 (2) The court shall grant relief on a petition filed
9 in accordance with subsection (1) upon a finding by the court
10 of all of the following:
11 (a) The genetic test required in paragraph (1)(b) was
12 properly conducted.
13 (b) The male is current on all child support payments.
14 (c) The male ordered to pay child support has not
15 adopted the child.
16 (d) The child was not conceived by artificial
17 insemination while the male ordered to pay child support and
18 the child's mother were in wedlock.
19 (e) The male ordered to pay child support did not act
20 to prevent the biological father of the child from asserting
21 his paternal rights with respect to the child.
22 (f) The male ordered to pay child support with
23 knowledge that he is not the biological father of the child
24 has not:
25 1. Married the mother of the child and voluntarily
26 assumed the parental obligation and duty to pay child support;
27 2. Acknowledged his paternity of the child in a sworn
28 statement;
29 3. Been named as the child's biological father on the
30 child's birth certificate with his consent;
31 4. Been required to support the child because of a
2
11:37 AM 04/06/05 s1456.ju32.001
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1456
Barcode 070594
1 voluntary written promise;
2 5. Received written notice from any state agency or
3 any court directing him to submit to genetic testing which he
4 disregarded;
5 6. Signed a voluntary acknowledgment of paternity as
6 provided in section 742.10(4), Florida Statutes; or
7 7. Proclaimed himself to be the child's biological
8 father.
9 (3) In the event the petitioner fails to make the
10 requisite showing required by this section, the court shall
11 deny the petition.
12 (4) In the event relief is granted pursuant to this
13 section, relief shall be limited to the issues of prospective
14 child support payments and termination of parental rights,
15 custody, and visitation rights. The male's previous status as
16 father continues to be in existence until the order granting
17 relief is rendered. All previous lawful actions taken based on
18 reliance on that status are confirmed. This section does not
19 create a cause of action to recover child support that was
20 previously paid.
21 (5) The duty to pay child support and other legal
22 obligations for the child may not be suspended while the
23 petition is pending except for good cause shown. However, the
24 court may order the child support to be held in the registry
25 of the court until final determination of paternity has been
26 made.
27 (6)(a) In an action brought pursuant to this section,
28 if the genetic test results submitted in accordance with
29 paragraph (1)(b) are provided solely by the male ordered to
30 pay child support, the court on its own motion may, and on the
31 petition of any party shall, order the child's mother, the
3
11:37 AM 04/06/05 s1456.ju32.001
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1456
Barcode 070594
1 child, and the male ordered to pay child support to submit to
2 genetic tests. The court shall provide that such genetic
3 testing be done no more than 30 days after the court issues
4 its order.
5 (b) If the mother of the child or the male ordered to
6 pay child support willfully fails to submit to genetic testing
7 or if either such party is the custodian of the child and
8 willfully fails to submit the child for testing, the court
9 shall issue an order determining the relief on the petition
10 against the party so failing to submit to genetic testing. If
11 a party shows good cause for failing to submit to genetic
12 testing, such failure is not considered willful.
13 (c) The party requesting genetic testing shall pay any
14 fees charged for the tests. If the custodian of the child is
15 receiving services from an administrative agency in its role
16 as an agency providing enforcement of child support orders,
17 that agency shall pay the cost of genetic testing if it
18 requests the test and may seek reimbursement for the fees from
19 the person against whom the court assesses the costs of the
20 action.
21 (7) If relief on a petition filed in accordance with
22 this section is not granted, the court shall assess the costs
23 of the action and attorney's fees against the petitioner.
24 Section 2. This act shall take effect July 1, 2005.
25
26
27 ================ T I T L E A M E N D M E N T ===============
28 And the title is amended as follows:
29 Delete everything before the enacting clause
30
31 and insert:
4
11:37 AM 04/06/05 s1456.ju32.001
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1456
Barcode 070594
1 A bill to be entitled
2 An act relating to paternity; permitting a
3 petition to set aside a determination of
4 paternity; specifying contents of the petition;
5 providing standards upon which relief shall be
6 granted; providing remedies; providing that
7 child support obligations shall not be
8 suspended while a petition is pending;
9 providing for genetic testing; providing for
10 assessment of costs and attorney's fees;
11 providing an effective date.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
5
11:37 AM 04/06/05 s1456.ju32.001