Senate Bill 1500

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



    Florida Senate - 2000                                  SB 1500

    By Senator Grant





    13-1151A-00

  1                      A bill to be entitled

  2         An act relating to paternity actions; amending

  3         s. 742.031, F.S.; limiting paternity actions to

  4         nonjury trials; providing an effective date.

  5

  6         WHEREAS, it is in the interest of this state to promote

  7  the health, well-being, and financial stability of its

  8  children, and

  9         WHEREAS, there is an overwhelming public necessity to

10  ensure that families in this state are able to support and

11  nurture the growth and development of their children, and

12         WHEREAS, the Federal Government has recently enacted

13  legislation granting states more funding and greater

14  flexibility through provisions for penalties and incentives

15  for purposes of implementing and strengthening the

16  effectiveness of child-support enforcement programs and child

17  care and child welfare services, and

18         WHEREAS, the viability of child support enforcement

19  programs and child care and child welfare services such as the

20  Temporary Assistance for Needy Families block grants are

21  threatened as the receipt of funds for these programs and

22  services is conditioned on state compliance with specific

23  federal requirements, including the expansion of expedited

24  summary procedures to establish paternity and the mandate to

25  eliminate the right to jury trial in paternity actions, and

26         WHEREAS, the establishment of paternity in this state

27  is a prerequisite to the establishment, modification,

28  collection, and enforcement of child support and may be

29  established through a nonjury or jury trial in a paternity

30  action, and

31

                                  1

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






    Florida Senate - 2000                                  SB 1500
    13-1151A-00




  1         WHEREAS, the Legislature has enacted the same statutory

  2  procedural protections for nonjury trials in paternity actions

  3  as those afforded in jury trials such that these protections

  4  have largely superseded the historical role juries have played

  5  in the establishment of paternity, and

  6         WHEREAS, the state courts, in accordance with statute,

  7  have admitted results of specific types of genetic testing in

  8  paternity actions based on the underlying scientific principle

  9  that these tests have gained general acceptance as reliable in

10  the relevant scientific community if the techniques and

11  methods used in the testing process were conducted by a

12  qualified technical laboratory that followed generally

13  accepted testing procedures to protect against false tests and

14  contamination, and

15         WHEREAS, the state courts, in accordance with statute,

16  are required to provide notice of and right to challenge the

17  results of genetic testing and to allow expert testimony to

18  contest or support the testing procedure or results in

19  paternity actions, and

20         WHEREAS, the request for jury trials in paternity

21  actions in this state has declined to one or two requests a

22  year, and

23         WHEREAS, the elimination of the right to jury trial

24  will not otherwise affect the parties' rights to establish

25  paternity, NOW, THEREFORE,

26

27  Be It Enacted by the Legislature of the State of Florida:

28

29         Section 1.  Section 742.031, Florida Statutes, is

30  amended to read:

31

                                  2

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






    Florida Senate - 2000                                  SB 1500
    13-1151A-00




  1         742.031  Hearings; court orders for support, hospital

  2  expenses, and attorney's fee.--

  3         (1)  Hearings for the purpose of establishing or

  4  refuting the allegations of the complaint and answer shall be

  5  held by the court without a jury in the chambers and may be

  6  restricted to persons, in addition to the parties involved and

  7  their counsel, as the judge in his or her discretion may

  8  direct.  The court shall determine the issues of paternity of

  9  the child and the ability of the parents to support the child.

10  Each party's social security number shall be recorded in the

11  file containing the adjudication of paternity. If the court

12  finds that the alleged father is the father of the child, it

13  shall so order.  If appropriate, the court shall order the

14  father to pay the complainant, her guardian, or any other

15  person assuming responsibility for the child moneys sufficient

16  to pay reasonable attorney's fees, hospital or medical

17  expenses, cost of confinement, and any other expenses incident

18  to the birth of the child and to pay all costs of the

19  proceeding.  Bills for pregnancy, childbirth, and scientific

20  testing are admissible as evidence without requiring

21  third-party foundation testimony, and shall constitute prima

22  facie evidence of amounts incurred for such services or for

23  testing on behalf of the child.  The court shall order either

24  or both parents owing a duty of support to the child to pay

25  support pursuant to s. 61.30.  The court shall issue, upon

26  motion by a party, a temporary order requiring the provision

27  of child support pursuant to s. 61.30 pending an

28  administrative or judicial determination of parentage, if

29  there is clear and convincing evidence of paternity on the

30  basis of genetic tests or other evidence. The court may also

31  make a determination as to the parental responsibility and

                                  3

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






    Florida Senate - 2000                                  SB 1500
    13-1151A-00




  1  residental care and custody of the minor children in

  2  accordance with chapter 61.

  3         Section 2.  This act shall take effect upon becoming a

  4  law.

  5

  6            *****************************************

  7                          SENATE SUMMARY

  8    Provides that actions to determine paternity will be held
      by the court without a jury.
  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  4