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



                                                   HOUSE AMENDMENT

    hbd-00                                      Bill No. CS/HB 585

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  5                                           ORIGINAL STAMP BELOW

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11  Representative(s) Frankel offered the following:

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13         Amendment (with title amendment) 

14  Remove from the bill:  Everything after the enacting clause

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16  and insert in lieu thereof:

17         Section 1.  Paragraph (d) is added to subsection (2) of

18  section 61.13, Florida Statutes, 1996 Supplement, to read:

19         61.13  Custody and support of children; visitation

20  rights; power of court in making orders.--

21         (2)

22         (d)  No presumption shall arise in favor of or against

23  a request to relocate when a primary residential parent seeks

24  to move the child and the move will materially affect the

25  current schedule of contact and access with the secondary

26  residential parent.  In making a determination as to whether

27  the primary residential parent may relocate with a child, the

28  court must consider the following factors:

29         1.  Whether the move would be likely to improve the

30  general quality of life for both the residential parent and

31  the child.

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    File original & 9 copies    04/25/97
    hbd0007                     08:16 am         00585-0085-760757




                                                   HOUSE AMENDMENT

    hbd-00                                      Bill No. CS/HB 585

    Amendment No.     (for drafter's use only)





  1         2.  The extent to which visitation rights have been

  2  allowed and exercised.

  3         3.  Whether the primary residential parent, once out of

  4  the jurisdiction, will be likely to comply with any substitute

  5  visitation arrangements.

  6         4.  Whether the substitute visitation will be adequate

  7  to foster a continuing meaningful relationship between the

  8  child and the secondary residential parent.

  9         5.  Whether the cost of transportation is financially

10  affordable by one or both parties.

11         6.  Whether the move is in the best interests of the

12  child.

13         Section 2.  Section 61.121, F.S., is created to read:

14         61.121  Rotating custody.--The court may order rotating

15  custody if the court finds that rotating custody will be in

16  the best interest of the child.

17         Section 3.  Subsection (3) of section 61.052, F.S.,

18  1996 Supplement, is amended to read:

19         61.052  Dissolution of marriage.--

20         (3)  During any period of continuance, the court may

21  make appropriate orders for the support and alimony of the

22  parties; the primary residence, custody, rotating custody,

23  visitation, support, maintenance, and education of the minor

24  child of the marriage; attorney's fees; and the preservation

25  of the property of the parties.

26         Section 4.  This act shall take effect July 1, 1997.

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29  ================ T I T L E   A M E N D M E N T ===============

30  And the title is amended as follows:

31  remove from the title of the bill:  the entire title

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    File original & 9 copies    04/25/97
    hbd0007                     08:16 am         00585-0085-760757




                                                   HOUSE AMENDMENT

    hbd-00                                      Bill No. CS/HB 585

    Amendment No.     (for drafter's use only)





  1  and insert in lieu thereof:

  2                      A bill to be entitled

  3         An act relating to child custody; amending s.

  4         61.13, F.S.; providing that no presumption

  5         shall arise in favor of or against a relocation

  6         request when a primary residential parent seeks

  7         to move the child; providing factors for the

  8         court to consider; creating s. 61.121, F.S.;

  9         providing for rotating custody of a child under

10         certain circumstances; amending s. 61.052,

11         F.S.; providing for rotating custody during a

12         period of continuance; providing an effective

13         date.

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    File original & 9 copies    04/25/97
    hbd0007                     08:16 am         00585-0085-760757