Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for CS for SB 2184
Barcode 501404
CHAMBER ACTION
Senate House
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04/26/2006 11:21 AM .
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11 Senator Campbell moved the following amendment:
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13 Senate Amendment
14 On page 4, line 29, through
15 page 13, line 30, delete those lines
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17 and insert:
18 (b) If there is an existing cause of action, judgment,
19 or decree of record pertaining to the child's primary
20 residence or visitation, the parties shall seek ratification
21 of the agreement by court order without the necessity of an
22 evidentiary hearing unless a hearing is requested, in writing,
23 by one or more of the parties to the agreement within 10 days
24 after the date the agreement is filed with the court. If a
25 hearing is not timely requested, it shall be presumed that the
26 relocation is in the best interest of the child and the court
27 may ratify the agreement without an evidentiary hearing.
28 (3) NOTICE OF INTENT TO RELOCATE WITH A CHILD.--Unless
29 an agreement has been entered as described in subsection (2),
30 a parent who is entitled to primary residence of the child
31 shall notify the other parent, and every other person entitled
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for CS for SB 2184
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1 to visitation with the child, of a proposed relocation of the
2 child's principal residence. The form of notice shall be
3 according to this section:
4 (a) The parent seeking to relocate shall prepare a
5 Notice of Intent to Relocate. The following information must
6 be included with the Notice of Intent to Relocate and signed
7 under oath under penalty of perjury:
8 1. A description of the location of the intended new
9 residence, including the state, city, and specific physical
10 address, if known.
11 2. The mailing address of the intended new residence,
12 if not the same as the physical address, if known.
13 3. The home telephone number of the intended new
14 residence, if known.
15 4. The date of the intended move or proposed
16 relocation.
17 5. A detailed statement of the specific reasons for
18 the proposed relocation of the child. If one of the reasons is
19 based upon a job offer which has been reduced to writing, that
20 written job offer must be attached to the Notice of Intent to
21 Relocate.
22 6. A proposal for the revised postrelocation schedule
23 of visitation together with a proposal for the postrelocation
24 transportation arrangements necessary to effectuate visitation
25 with the child. Absent the existence of a current, valid order
26 abating, terminating, or restricting visitation or other good
27 cause predating the Notice of Intent to Relocate, failure to
28 comply with this provision renders the Notice of Intent to
29 Relocate legally insufficient.
30 7. Substantially the following statement, in all
31 capital letters and in the same size type, or larger, as the
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for CS for SB 2184
Barcode 501404
1 type in the remainder of the notice:
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3 AN OBJECTION TO THE PROPOSED RELOCATION MUST BE MADE IN
4 WRITING, FILED WITH THE COURT, AND SERVED ON THE PARENT OR
5 OTHER PERSON SEEKING TO RELOCATE WITHIN 30 DAYS AFTER SERVICE
6 OF THIS NOTICE OF INTENT TO RELOCATE. IF YOU FAIL TO TIMELY
7 OBJECT TO THE RELOCATION, THE RELOCATION WILL BE ALLOWED,
8 UNLESS IT IS NOT IN THE BEST INTERESTS OF THE CHILD, WITHOUT
9 FURTHER NOTICE AND WITHOUT A HEARING.
10 8. The mailing address of the parent or other person
11 seeking to relocate to which the objection filed under
12 subsection (5) to the Notice of Intent to Relocate should be
13 sent.
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15 The contents of the Notice of Intent to Relocate are not
16 privileged. For purposes of encouraging amicable resolution of
17 the relocation issue, a copy of the Notice of Intent to
18 Relocate shall initially not be filed with the court but
19 instead served upon the nonrelocating parent, other person,
20 and every other person entitled to visitation with the child,
21 and the original thereof shall be maintained by the parent or
22 other person seeking to relocate.
23 (b) The parent seeking to relocate shall also prepare
24 a Certificate of Filing Notice of Intent to Relocate. The
25 certificate shall certify the date that the Notice of Intent
26 to Relocate was served on the other parent and on every other
27 person entitled to visitation with the child.
28 (c) The Notice of Intent to Relocate, and the
29 Certificate of Filing Notice of Intent to Relocate, shall be
30 served on the other parent and on every other person entitled
31 to visitation with the child. If there is a pending court
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for CS for SB 2184
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1 action regarding the child, service of process may be
2 according to court rule. Otherwise, service of process shall
3 be according to chapters 48 and 49 or via certified mail,
4 restricted delivery, return receipt requested.
5 (d) A person giving notice of a proposed relocation or
6 change of residence address under this section has a
7 continuing duty to provide current and updated information
8 required by this section when that information becomes known.
9 (e) If the other parent and any other person entitled
10 to visitation with the child fails to timely file an
11 objection, it shall be presumed that the relocation is in the
12 best interest of the child, the relocation shall be allowed,
13 and the court shall, absent good cause, enter an order,
14 attaching a copy of the Notice of Intent to Relocate,
15 reflecting that the order is entered as a result of the
16 failure to object to the Notice of Intent to Relocate, and
17 adopting the visitation schedule and transportation
18 arrangements contained in the Notice of Intent to Relocate.
19 The order may issue in an expedited manner without the
20 necessity of an evidentiary hearing. If an objection is timely
21 filed, the burden returns to the parent or person seeking to
22 relocate to initiate court proceedings to obtain court
23 permission to relocate prior to doing so.
24 (f) The act of relocating the child after failure to
25 comply with the notice of intent to relocate procedure
26 described in this subsection subjects the party in violation
27 thereof to contempt and other proceedings to compel the return
28 of the child and may be taken into account by the court in any
29 initial or postjudgment action seeking a determination or
30 modification of the designation of the primary residential
31 parent or of the residence, custody, or visitation with the
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for CS for SB 2184
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1 child as:
2 1. A factor in making a determination regarding the
3 relocation of a child.
4 2. A factor in determining whether the designation of
5 the primary residential parent or the residence, contact,
6 access, visitation, or time-sharing arrangements should be
7 modified.
8 3. A basis for ordering the temporary or permanent
9 return of the child.
10 4. Sufficient cause to order the parent or other
11 person seeking to relocate the child to pay reasonable
12 expenses and attorney's fees incurred by the party objecting
13 to the relocation.
14 5. Sufficient cause for the award of reasonable
15 attorney's fees and costs, including interim travel expenses
16 incident to visitation or securing the return of the child.
17 (4) APPLICABILITY OF PUBLIC RECORDS LAW.--If the
18 parent or other person seeking to relocate a child, or the
19 child, is entitled to prevent disclosure of location
20 information under any public records exemption applicable to
21 that person, the court may enter any order necessary to modify
22 the disclosure requirements of this section in compliance with
23 the public records exemption.
24 (5) CONTENT OF OBJECTION TO RELOCATION.--An objection
25 seeking to prevent the relocation of a child shall be verified
26 and served within 30 days after service of the Notice of
27 Intent to Relocate. The objection shall include the specific
28 factual basis supporting the reasons for seeking a prohibition
29 of the relocation, including a statement of the amount of
30 participation or involvement the objecting party currently has
31 or has had in the life of the child.
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for CS for SB 2184
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1 (6) TEMPORARY ORDER.--
2 (a) The court may grant a temporary order restraining
3 the relocation of a child or ordering the return of the child,
4 if a relocation has previously taken place, or other
5 appropriate remedial relief, if the court finds:
6 1. The required notice of a proposed relocation of a
7 child was not provided in a timely manner;
8 2. The child already has been relocated without notice
9 or written agreement of the parties or without court approval;
10 or
11 3. From an examination of the evidence presented at
12 the preliminary hearing that there is a likelihood that upon
13 final hearing the court will not approve the relocation of the
14 primary residence of the child.
15 (b) The court may grant a temporary order permitting
16 the relocation of the child pending final hearing, if the
17 court:
18 1. Finds that the required Notice of Intent to
19 Relocate was provided in a timely manner; and
20 2. Finds from an examination of the evidence presented
21 at the preliminary hearing that there is a likelihood that on
22 final hearing the court will approve the relocation of the
23 primary residence of the child, which findings must be
24 supported by the same factual basis as would be necessary to
25 support the permitting of relocation in a final judgment.
26 (c) If the court has issued a temporary order
27 authorizing a party seeking to relocate or move a child before
28 a final judgment is rendered, the court may not give any
29 weight to the temporary relocation as a factor in reaching its
30 final decision.
31 (d) If temporary relocation of a child is permitted,
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for CS for SB 2184
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1 the court may require the person relocating the child to
2 provide reasonable security, financial or otherwise, and
3 guarantee that the court-ordered contact with the child will
4 not be interrupted or interfered with by the relocating party.
5 (7) NO PRESUMPTION; FACTORS TO DETERMINE CONTESTED
6 RELOCATION.--No presumption shall arise in favor of or against
7 a request to relocate with the child when a primary
8 residential parent seeks to move the child and the move will
9 materially affect the current schedule of contact, access, and
10 time-sharing with the nonrelocating parent or other person. In
11 reaching its decision regarding a proposed temporary or
12 permanent relocation, the court shall evaluate all of the
13 following factors:
14 (a) The nature, quality, extent of involvement, and
15 duration of the child's relationship with the parent proposing
16 to relocate with the child and with the nonrelocating parent,
17 other persons, siblings, half-siblings, and other significant
18 persons in the child's life.
19 (b) The age and developmental stage of the child, the
20 needs of the child, and the likely impact the relocation will
21 have on the child's physical, educational, and emotional
22 development, taking into consideration any special needs of
23 the child.
24 (c) The feasibility of preserving the relationship
25 between the nonrelocating parent or other person and the child
26 through substitute arrangements that take into consideration
27 the logistics of contact, access, visitation, and time
28 sharing, as well as the financial circumstances of the
29 parties; whether those factors are sufficient to foster a
30 continuing meaningful relationship between the child and the
31 nonrelocating parent or other person; and the likelihood of
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Florida Senate - 2006 SENATOR AMENDMENT
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1 compliance with the substitute arrangements by the relocating
2 parent once he or she is out of the jurisdiction of the court.
3 (d) The child's preference, taking into consideration
4 the age and maturity of the child.
5 (e) Whether the relocation will enhance the general
6 quality of life for both the parent seeking the relocation and
7 the child, including, but not limited to, financial or
8 emotional benefits or educational opportunities.
9 (f) The reasons of each parent or other person for
10 seeking or opposing the relocation.
11 (g) The current employment and economic circumstances
12 of each parent or other person and whether or not the proposed
13 relocation is necessary to improve the economic circumstances
14 of the parent or other person seeking relocation of the child.
15 (h) That the relocation is sought in good faith and
16 the extent to which the objecting parent has fulfilled his or
17 her financial obligations to the parent or other person
18 seeking relocation, including child support, spousal support,
19 and marital property and marital debt obligations.
20 (i) The career and other opportunities available to
21 the objecting parent or objecting other person if the
22 relocation occurs.
23 (j) A history of substance abuse or domestic violence
24 as defined in s. 741.28 or which meets the criteria of s.
25 39.806(1)(d) by either parent, including a consideration of
26 the severity of such conduct and the failure or success of any
27 attempts at rehabilitation.
28 (k) Any other factor affecting the best interest of
29 the child or as set forth in s. 61.13.
30 (8) BURDEN OF PROOF.--The parent or other person
31 wishing to relocate has the burden of proof if an objection is
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for CS for SB 2184
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1 filed and must then initiate a proceeding seeking court
2 permission for relocation. The initial burden is on the parent
3 or person wishing to relocate to prove by a preponderance of
4 the evidence that relocation is in the best interest of the
5 child. If that burden of proof is met, the burden shifts to
6 the nonrelocating parent or other person to show by a
7 preponderance of the evidence that the proposed relocation is
8 not in the best interest of the child.
9 (9) ORDER REGARDING RELOCATION.--If relocation is
10 permitted:
11 (a) The court may, in its discretion, order contact
12 with the nonrelocating parent, including access, visitation,
13 time sharing, telephone, Internet, web-cam, and other
14 arrangements sufficient to ensure that the child has frequent,
15 continuing, and meaningful contact, access, visitation, and
16 time sharing with the nonrelocating parent or other persons,
17 if contact is financially affordable and in the best interest
18 of the child.
19 (b) If applicable, the court shall specify how the
20 transportation costs will be allocated between the parents and
21 other persons entitled to contact, access, visitation, and
22 time sharing and may adjust the child support award, as
23 appropriate, considering the costs of transportation and the
24 respective net incomes of the parents in accordance with state
25 child support guidelines.
26 (10) PRIORITY FOR HEARING OR TRIAL.--An evidentiary
27 hearing or nonjury trial on a pleading seeking temporary or
28 permanent relief filed pursuant to this section shall be
29 accorded priority on the court's calendar.
30 (11) APPLICABILITY.--
31 (a) The provisions of this section apply:
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1 1. To orders entered before October 1, 2006, if the
2 existing order defining custody, primary residence, or
3 visitation of or with the child does not expressly govern the
4 relocation of the child.
5 2. To an order, whether temporary or permanent,
6 regarding the custody, primary residence, or visitation of or
7 with the child entered on or after October 1, 2006.
8 3. To any relocation or proposed relocation, whether
9 permanent or temporary, of a child during any proceeding
10 pending on October 1, 2006, wherein the custody, primary
11 residence, or visitation of or with the child is an issue.
12 (b) To the extent that a provision of this section
13 conflicts with an order existing on October 1, 2006, this
14 section does not apply to the terms of that order which
15 expressly govern relocation of the child or a change in the
16 principal residence address of a parent.
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