Senate Bill sb1226

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2002                                  SB 1226

    By the Committee on Judiciary; and Senator Burt





    308-820A-02

  1                      A bill to be entitled

  2         An act relating to family court reform;

  3         providing legislative intent with respect to

  4         developing a unified family court model to

  5         facilitate the comprehensive resolution of the

  6         legal and nonlegal needs of children and

  7         families; directing the Division of Statutory

  8         Revision to submit a reviser's bill to

  9         reorganize various chapters of the Florida

10         Statutes relating to family law to create the

11         Family Code; directing the division to

12         reorganize chapters 61 and 741, F.S., into

13         designated parts; creating s. 25.375, F.S.;

14         authorizing the Supreme Court to create a

15         system to identify individuals and families

16         within the court system; amending ss. 39.013,

17         39.521 F.S.; providing for modifying a court

18         order in a subsequent civil action or

19         proceeding affecting the same minor child;

20         amending s. 39.502, F.S., relating to notice,

21         process, and service; conforming a

22         cross-reference to changes made by the act;

23         amending s. 44.1011, F.S.; redefining the term

24         "mediation" to include voluntary mediation and

25         presuit mediation; amending s. 44.102, F.S.;

26         providing procedures for conducting voluntary

27         and presuit mediation; limiting the

28         confidentiality of certain disclosures in

29         mediation proceedings involving mandatory

30         reports and threats to inflict injury or commit

31         a crime of violence; amending ss. 61.09, 61.10

                                  1

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






    Florida Senate - 2002                                  SB 1226
    308-820A-02




  1         F.S.; providing for a parent to petition the

  2         court for child support regardless of the

  3         parent's marital status and independent of an

  4         action for dissolution of marriage; amending s.

  5         61.13, F.S.; providing for the court to

  6         determine matters relating to child support in

  7         any proceeding under ch. 61, F.S.; eliminating

  8         provisions authorizing the court to award

  9         grandparents visitation rights; repealing ss.

10         61.1302, 61.1304, 61.1306, 61.1308, 61.131,

11         61.1312, 61.1314, 61.1316, 61.1318, 61.132,

12         61.1322, 61.1324, 61.1326, 61.1328, 61.133,

13         61.1332, 61.1334, 61.1336, 61.1338, 61.134,

14         61.1342, 61.1344, 61.1346, 61.1348, F.S., the

15         "Uniform Child Custody Jurisdiction Act";

16         repealing s. 61.183, F.S., relating to

17         mediation of certain contested issues;

18         transferring and renumbering ss. 61.19, 61.191,

19         F.S., relating to entry of judgment of

20         dissolution of marriage and actions for

21         divorce; creating part IV of ch. 61, F.S., the

22         "Uniform Child Custody Jurisdiction and

23         Enforcement Act"; providing purposes of part IV

24         of ch. 61, F.S.; providing definitions;

25         providing for proceedings governed under other

26         laws; providing for application to Indian

27         tribes; providing for international

28         application; providing for the effect of a

29         determination of child custody; providing for

30         expedited hearings; requiring notice to persons

31         outside the state; providing for limited

                                  2

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






    Florida Senate - 2002                                  SB 1226
    308-820A-02




  1         immunity; providing for communications between

  2         courts; authorizing the taking of testimony in

  3         another state; requiring preservation of

  4         records; providing for initial jurisdiction for

  5         determining child custody; providing for

  6         exclusive, continuing jurisdiction; providing

  7         for jurisdiction to modify a determination;

  8         providing for emergency temporary jurisdiction;

  9         requiring notice; providing for an opportunity

10         to be heard; providing for joinder of parties;

11         providing for simultaneous proceedings;

12         authorizing the court to decline jurisdiction;

13         specifying the information to be submitted to

14         the court; providing for appearance of parties

15         and the child; providing for enforcement under

16         the Hague Convention; providing for temporary

17         visitation; requiring registration of a

18         determination of child custody; providing for

19         enforcement of a registered determination;

20         requiring expedited enforcement of a

21         determination of child custody; providing for a

22         hearing and court order; providing procedures

23         for obtaining a warrant to take physical

24         custody of a child; providing for costs, fees,

25         and expenses; providing for appeals; specifying

26         duties of the state attorney and law

27         enforcement officers; providing for application

28         and construction of the act; providing for

29         application of laws with respect to a motion

30         filed before the effective date of the act;

31         transferring and renumbering s. 741.24, F.S.,

                                  3

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






    Florida Senate - 2002                                  SB 1226
    308-820A-02




  1         relating to civil actions against parents;

  2         amending s. 741.30, F.S.; providing for an

  3         order of temporary custody, visitation, or

  4         support to remain in effect until the court

  5         enters a permanent order; amending s. 787.03,

  6         F.S., relating to interference with custody;

  7         conforming cross-references to changes made by

  8         the act; providing for a workgroup to develop

  9         an information system for the unified family

10         court model; providing for a report to the

11         Legislature; providing for severability;

12         providing an effective date.

13

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

15

16         Section 1.  It is the intent of the Legislature to

17  continue its initiative to reform the family courts which

18  began in 1990 when the Legislature created the Commission on

19  Family Courts and directed the commission to develop

20  guidelines for reform; recommend statutory, regulatory, and

21  organizational changes; and identify support services

22  necessary to implement a family division within each circuit.

23  The Legislature recognizes the Supreme Court's continuing

24  efforts to develop an integrated and comprehensive approach to

25  coordinating family law and related matters that affect a

26  child and his or her family, which culminated with the Supreme

27  Court endorsing the guiding principles and characteristics for

28  a unified family court model, adopted by the Family Court

29  Steering Committee in May, 2001. The Legislature also finds

30  that the unified family court model outlines a fully

31  integrated and comprehensive approach to resolving the legal

                                  4

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






    Florida Senate - 2002                                  SB 1226
    308-820A-02




  1  and underlying nonlegal issues faced by children and families,

  2  regardless of whether the court's interaction involves

  3  dissolution of marriage, child support, spousal support,

  4  visitation, parental responsibility, interstate matters under

  5  the Uniform Child Custody Jurisdiction Act or the Uniform

  6  Reciprocal Enforcement of Support Act, adoption, paternity,

  7  domestic or repeat violence, juvenile delinquency or

  8  dependency, termination of parental rights, or children or

  9  families in need of services. The Legislature also finds that

10  developing and implementing an effective system of case

11  management in order to identify, coordinate, and monitor all

12  cases that impact a family, including its children, and move

13  the case along more expeditiously within the judicial process

14  to final resolution is very important to the operations and

15  concept of a unified family court model. The Legislature

16  recognizes that there are services within and outside the

17  judicial system which assist the courts in making decisions

18  and achieve positive and lasting outcomes desired for

19  families. The Legislature recognizes the need for systematic

20  coordination between the courts and social service agencies in

21  order to assure the safety of the children, inform the courts

22  of services available within the community for children and

23  families, link children and families to needed services,

24  encourage the sharing of information, and prevent the

25  duplication of services. The Legislature finds that

26  information sharing is essential in order to assist the courts

27  and support systems in developing knowledge of the legal and

28  nonlegal needs of multiple or related cases that impact a

29  child and family. The Legislature recognizes, however, that

30  along with the sharing of more information between the courts

31  and various agencies, service providers, and other

                                  5

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






    Florida Senate - 2002                                  SB 1226
    308-820A-02




  1  stakeholders who interact with the court, and along with

  2  greater ease of public accessibility to public records, there

  3  are concerns as to whether existing policies and laws

  4  governing public and nonpublic information are appropriate in

  5  light of technological advances, and whether existing policies

  6  and laws are adequate to protect the privacy, due process, and

  7  safety of individuals. In light of these findings and

  8  considerations, it is the intent of the Legislature to develop

  9  policies, procedures, and laws that facilitate the

10  comprehensive resolution of the legal and nonlegal needs of

11  children and families and that protect the rights, privileges,

12  and safety of children and families who come before the court.

13         Section 2.  (1)  The Division of Statutory Revision of

14  the Office of Legislative Services shall submit a reviser's

15  bill for the 2003 Regular Session of the Legislature to

16  reorganize the material in chapters 39, 61, 63, 88, 741, 742,

17  743, 751, 752, 753, 984, and 985, into a new Title XLVIII as

18  follows:

19         (a)  Title XLVIII shall be entitled the "Family Code"

20  and shall consist of chapters 986-998.

21         (b)  Chapters 39, 61, 63, 88, 741, 742, 743, 751, 752,

22  753, 984, and 985 shall be renumbered within new chapters 987,

23  988, 989, 990, 991, 992, 993, 994, 995, 996, 997, and 998,

24  respectively. The division is also requested to revise

25  numerical cross-references to provisions within these chapters

26  as appropriate.

27         (c)  Chapter 986 shall be entitled "Family Code:

28  General Provisions."

29         (2)  In the next edition of the Florida Statutes, the

30  Division of Statutory Revision of the Office of Legislative

31  Services shall designate:

                                  6

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






    Florida Senate - 2002                                  SB 1226
    308-820A-02




  1         (a)  Sections 61.001-61.08, Florida Statutes, as part I

  2  of chapter 61, Florida Statutes, to be entitled "Dissolution

  3  of Marriage."

  4         (b)  Sections 61.09-61.30, Florida Statutes, as part II

  5  of chapter 61, Florida Statutes, to be entitled "Support and

  6  Custody."

  7         (c)  Sections 61.401-61.405, Florida Statutes, as part

  8  III of chapter 61, Florida Statutes, to be entitled "Guardian

  9  Ad Litem."

10         (d)  Sections 61.501-61.542, Florida Statutes, as

11  created by this act, as part IV of chapter 61, Florida

12  Statutes, to be entitled "Interstate Custody Jurisdiction and

13  Enforcement."

14         (3)  In the next edition of the Florida Statutes, the

15  Division of Statutory Revision of the Office of Legislative

16  Services shall:

17         (a)  Change the title of chapter 741, Florida Statutes,

18  from "Husband and Wife" to "Marriage; Domestic Violence."

19         (b)  Designate sections 741.01-741.24, Florida

20  Statutes, as part I of chapter 741, Florida Statutes, to be

21  entitled "Marriage."

22         (c)  Designate sections 741.28-741.327, Florida

23  Statutes, as part II of chapter 741, Florida Statutes, to be

24  entitled "Domestic Violence."

25         Section 3.  Section 25.375, Florida Statutes, is

26  created to read:

27         25.375  Identification of related cases.--The Supreme

28  Court may create a unique identifier for each individual to

29  identify all court cases related to that individual or his or

30  her family previously or currently in the court system. The

31  unique identifier must be the same for that individual in any

                                  7

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






    Florida Senate - 2002                                  SB 1226
    308-820A-02




  1  court case. To create the unique identifier, the court may

  2  collect a portion of the individual's social security number

  3  or other personal identification information, such as the

  4  individual's date of birth.

  5         Section 4.  Subsection (4) of section 39.013, Florida

  6  Statutes, is amended to read:

  7         39.013  Procedures and jurisdiction; right to

  8  counsel.--

  9         (4)  The order of the circuit court hearing dependency

10  matters shall be filed by the clerk of the court in any

11  dissolution or other custody action or proceeding. Such order

12  and shall take precedence over other custody and visitation

13  orders entered in those actions or proceedings. However, if

14  the court has terminated jurisdiction, such order may be

15  subsequently modified by a court of competent jurisdiction in

16  any other civil action or proceeding affecting placement of,

17  access to, parental time with, or parental responsibility for

18  the same minor child, if notice is given of the action or

19  proceeding to the Department of Children and Family Services.

20         Section 5.  Subsection (7) of section 39.502, Florida

21  Statutes, is amended to read:

22         39.502  Notice, process, and service.--

23         (7)  Service of the summons and service of pleadings,

24  papers, and notices subsequent to the summons on persons

25  outside this state must be made pursuant to s. 61.509 s.

26  61.1312.

27         Section 6.  Subsection (3) of section 39.521, Florida

28  Statutes, is amended to read:

29         39.521  Disposition hearings; powers of disposition.--

30

31

                                  8

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






    Florida Senate - 2002                                  SB 1226
    308-820A-02




  1         (3)  When any child is adjudicated by a court to be

  2  dependent, the court shall determine the appropriate placement

  3  for the child as follows:

  4         (a)  If the court determines that the child can safely

  5  remain in the home with the parent with whom the child was

  6  residing at the time the events or conditions arose that

  7  brought the child within the jurisdiction of the court and

  8  that remaining in this home is in the best interest of the

  9  child, then the court shall order conditions under which the

10  child may remain or return to the home and that this placement

11  be under the protective supervision of the department for not

12  less than 6 months.

13         (b)  If there is a parent with whom the child was not

14  residing at the time the events or conditions arose that

15  brought the child within the jurisdiction of the court who

16  desires to assume custody of the child, the court shall place

17  the child with that parent upon completion of a home study,

18  unless the court finds that such placement would endanger the

19  safety, well-being, or physical, mental, or emotional health

20  of the child. Any party with knowledge of the facts may

21  present to the court evidence regarding whether the placement

22  will endanger the safety, well-being, or physical, mental, or

23  emotional health of the child. If the court places the child

24  with such parent, it may do either of the following:

25         1.  Order that the parent assume sole custodial

26  responsibilities for the child. The court may also provide for

27  reasonable visitation by the noncustodial parent. The court

28  may then terminate its jurisdiction over the child. The

29  custody order shall continue unless modified by a subsequent

30  order of the circuit court hearing dependency matters. The

31  order of the circuit court hearing dependency matters shall be

                                  9

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






    Florida Senate - 2002                                  SB 1226
    308-820A-02




  1  filed in any dissolution or other custody action or proceeding

  2  between the parents. Such order and shall take precedence over

  3  other custody and visitation orders entered in those actions

  4  or proceedings. However, if the court terminates jurisdiction,

  5  such order may be subsequently modified by a court of

  6  competent jurisdiction in any other civil action or proceeding

  7  affecting placement of, access to, parental time with, or

  8  parental responsibility for the same minor child, if notice is

  9  given of the action or proceeding to the Department of

10  Children and Family Services.

11         2.  Order that the parent assume custody subject to the

12  jurisdiction of the circuit court hearing dependency matters.

13  The court may order that reunification services be provided to

14  the parent from whom the child has been removed, that services

15  be provided solely to the parent who is assuming physical

16  custody in order to allow that parent to retain later custody

17  without court jurisdiction, or that services be provided to

18  both parents, in which case the court shall determine at every

19  review hearing which parent, if either, shall have custody of

20  the child. The standard for changing custody of the child from

21  one parent to another or to a relative or another adult

22  approved by the court shall be the best interest of the child.

23         (c)  If no fit parent is willing or available to assume

24  care and custody of the child, place the child in the

25  temporary legal custody of an adult relative or other adult

26  approved by the court who is willing to care for the child,

27  under the protective supervision of the department. The

28  department must supervise this placement until the child

29  reaches permanency status in this home, and in no case for a

30  period of less than 6 months. Permanency in a relative

31

                                  10

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






    Florida Senate - 2002                                  SB 1226
    308-820A-02




  1  placement shall be by adoption, long-term custody, or

  2  guardianship.

  3         (d)  If the child cannot be safely placed in a

  4  nonlicensed placement, the court shall commit the child to the

  5  temporary legal custody of the department. Such commitment

  6  invests in the department all rights and responsibilities of a

  7  legal custodian. The department shall not return any child to

  8  the physical care and custody of the person from whom the

  9  child was removed, except for court-approved visitation

10  periods, without the approval of the court. The term of such

11  commitment continues until terminated by the court or until

12  the child reaches the age of 18. After the child is committed

13  to the temporary legal custody of the department, all further

14  proceedings under this section are governed by this chapter.

15

16  Protective supervision continues until the court terminates it

17  or until the child reaches the age of 18, whichever date is

18  first. Protective supervision shall be terminated by the court

19  whenever the court determines that permanency has been

20  achieved for the child, whether with a parent, another

21  relative, or a legal custodian, and that protective

22  supervision is no longer needed. The termination of

23  supervision may be with or without retaining jurisdiction, at

24  the court's discretion, and shall in either case be considered

25  a permanency option for the child. The order terminating

26  supervision by the department shall set forth the powers of

27  the custodian of the child and shall include the powers

28  ordinarily granted to a guardian of the person of a minor

29  unless otherwise specified. Upon the court's termination of

30  supervision by the department, no further judicial reviews are

31

                                  11

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






    Florida Senate - 2002                                  SB 1226
    308-820A-02




  1  required, so long as permanency has been established for the

  2  child.

  3         Section 7.  Subsection (2) of section 44.1011, Florida

  4  Statutes, is amended to read:

  5         44.1011  Definitions.--As used in this chapter:

  6         (2)  "Mediation" means a process whereby a neutral

  7  third person called a mediator acts to encourage and

  8  facilitate the resolution of a dispute between two or more

  9  parties.  It is an informal and nonadversarial process with

10  the objective of helping the disputing parties reach a

11  mutually acceptable and voluntary agreement.  In mediation,

12  decisionmaking authority rests with the parties.  The role of

13  the mediator includes, but is not limited to, assisting the

14  parties in identifying issues, fostering joint problem

15  solving, and exploring settlement alternatives. "Mediation"

16  includes:

17         (a)  "Appellate court mediation," which means mediation

18  that occurs during the pendency of an appeal of a civil case.

19         (b)  "Circuit court mediation," which means mediation

20  of civil cases, other than family matters, in circuit court.

21  If a party is represented by counsel, the counsel of record

22  must appear unless stipulated to by the parties or otherwise

23  ordered by the court.

24         (c)  "County court mediation," which means mediation of

25  civil cases within the jurisdiction of county courts,

26  including small claims. Negotiations in county court mediation

27  are primarily conducted by the parties. Counsel for each party

28  may participate. However, presence of counsel is not required.

29         (d)  "Family mediation" which means mediation of family

30  matters, including married and unmarried persons, before and

31  after judgments involving dissolution of marriage; property

                                  12

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






    Florida Senate - 2002                                  SB 1226
    308-820A-02




  1  division; paternity; adoption; emancipation of a minor; shared

  2  or sole parental responsibility; or child support, custody,

  3  and visitation involving emotional or financial considerations

  4  not usually present in other circuit civil cases. Negotiations

  5  in family mediation are primarily conducted by the parties.

  6  Counsel for each party may attend the mediation conference and

  7  privately communicate with their clients.  However, presence

  8  of counsel is not required, and, in the discretion of the

  9  mediator, and with the agreement of the parties, mediation may

10  proceed in the absence of counsel unless otherwise ordered by

11  the court.

12         (e)  "Dependency or in need of services mediation,"

13  which means mediation of dependency, child in need of

14  services, or family in need of services matters. Negotiations

15  in dependency or in need of services mediation are primarily

16  conducted by the parties. Counsel for each party may attend

17  the mediation conference and privately communicate with their

18  clients. However, presence of counsel is not required and, in

19  the discretion of the mediator and with the agreement of the

20  parties, mediation may proceed in the absence of counsel

21  unless otherwise ordered by the court.

22         (f)  "Voluntary mediation," which means mediation of

23  any matters as provided in paragraphs (a)-(e) if a court has

24  not referred the matter to mediation, but the parties agree to

25  submit to mediation.

26         (g)  "Presuit mediation," which means mediation of any

27  matters as provided in paragraphs (b)-(e) which are in dispute

28  and for which the parties agree to submit to mediation before

29  the initiation of any court proceeding.

30         Section 8.  Section 44.102, Florida Statutes, is

31  amended to read:

                                  13

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






    Florida Senate - 2002                                  SB 1226
    308-820A-02




  1         44.102  Court-ordered, voluntary, and presuit

  2  mediation.--

  3         (1)  Court-ordered voluntary, and presuit mediation

  4  shall be conducted according to rules of practice and

  5  procedure adopted by the Supreme Court.

  6         (2)  A court, under rules adopted by the Supreme Court:

  7         (a)  Must, upon request of one party, refer to

  8  mediation any filed civil action for monetary damages,

  9  provided the requesting party is willing and able to pay the

10  costs of the mediation or the costs can be equitably divided

11  between the parties, unless:

12         1.  The action is a landlord and tenant dispute that

13  does not include a claim for personal injury.

14         2.  The action is filed for the purpose of collecting a

15  debt.

16         3.  The action is a claim of medical malpractice.

17         4.  The action is governed by the Florida Small Claims

18  Rules.

19         5.  The court determines that the action is proper for

20  referral to nonbinding arbitration under this chapter.

21         6.  The parties have agreed to binding arbitration.

22         7.  The parties have agreed to an expedited trial

23  pursuant to s. 45.075.

24         8.  The parties have agreed to voluntary trial

25  resolution pursuant to s. 44.104.

26         (b)  May refer to mediation all or any part of a filed

27  civil action for which mediation is not required under this

28  section.

29         (c)  In circuits in which a family mediation program

30  has been established and upon a court finding of a dispute,

31  shall refer to mediation all or part of custody, visitation,

                                  14

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






    Florida Senate - 2002                                  SB 1226
    308-820A-02




  1  or other parental responsibility issues as defined in s.

  2  61.13. Upon motion or request of a party, a court shall not

  3  refer any case to mediation if it finds there has been a

  4  history of domestic violence that would compromise the

  5  mediation process.

  6         (d)  In circuits in which a dependency or in need of

  7  services mediation program has been established, may refer to

  8  mediation all or any portion of a matter relating to

  9  dependency or to a child in need of services or a family in

10  need of services.

11         (3)  Each party involved in a court-ordered mediation

12  proceeding has a privilege to refuse to disclose, and to

13  prevent any person present at the proceeding from disclosing,

14  communications made during such proceeding. All oral or

15  written communications in a mediation proceeding, other than

16  an executed settlement agreement, shall be exempt from the

17  requirements of chapter 119 and shall be confidential and

18  inadmissible as evidence in any subsequent legal proceeding,

19  unless all parties agree otherwise.

20         (4)  There shall be no privilege and no restriction on

21  any disclosure of oral or written communications made

22  confidential by subsection (3) which:

23         (a)  Require a mandatory report required by law,

24  including, but not limited to, reports required by chapter 39

25  or chapter 415; or

26         (b)  Evidence a threat to inflict bodily injury or

27  commit a crime of violence.

28         (5)(4)  There shall be no privilege and no restriction

29  on any disclosure of communications made confidential in

30  subsection (3) in relation to disciplinary proceedings filed

31  against mediators pursuant to s. 44.106 and court rules, to

                                  15

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






    Florida Senate - 2002                                  SB 1226
    308-820A-02




  1  the extent the communication is used for the purposes of such

  2  proceedings.  In such cases, the disclosure of an otherwise

  3  privileged communication shall be used only for the internal

  4  use of the body conducting the investigation.  Prior to the

  5  release of any disciplinary files to the public, all

  6  references to otherwise privileged communications shall be

  7  deleted from the record.  When an otherwise confidential

  8  communication is used in a mediator disciplinary proceeding,

  9  such communication shall be inadmissible as evidence in any

10  subsequent legal proceeding.  "Subsequent legal proceeding"

11  means any legal proceeding between the parties to the

12  mediation which follows the court-ordered mediation.

13         (6)(5)  The chief judge of each judicial circuit shall

14  maintain a list of mediators who have been certified by the

15  Supreme Court and who have registered for appointment in that

16  circuit.

17         (a)  Whenever possible, qualified individuals who have

18  volunteered their time to serve as mediators shall be

19  appointed. If a mediation program is funded pursuant to s.

20  44.108, volunteer mediators shall be entitled to reimbursement

21  pursuant to s. 112.061 for all actual expenses necessitated by

22  service as a mediator.

23         (b)  Nonvolunteer mediators shall be compensated

24  according to rules adopted by the Supreme Court. If a

25  mediation program is funded pursuant to s. 44.108, a mediator

26  may be compensated by the county or by the parties.  When a

27  party has been declared indigent or insolvent, that party's

28  pro rata share of a mediator's compensation shall be paid by

29  the county at the rate set by administrative order of the

30  chief judge of the circuit.

31

                                  16

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






    Florida Senate - 2002                                  SB 1226
    308-820A-02




  1         (7)(6)(a)  When an action is referred to mediation by

  2  court order, the time periods for responding to an offer of

  3  settlement pursuant to s. 45.061, or to an offer or demand for

  4  judgment pursuant to s. 768.79, respectively, shall be tolled

  5  until:

  6         1.  An impasse has been declared by the mediator; or

  7         2.  The mediator has reported to the court that no

  8  agreement was reached.

  9         (b)  Sections 45.061 and 768.79 notwithstanding, an

10  offer of settlement or an offer or demand for judgment may be

11  made at any time after an impasse has been declared by the

12  mediator, or the mediator has reported that no agreement was

13  reached.  An offer is deemed rejected as of commencement of

14  trial.

15         Section 9.  Section 61.09, Florida Statutes, is amended

16  to read:

17         61.09  Alimony and child support unconnected with

18  dissolution.--If a person having the ability to contribute to

19  the maintenance of his or her spouse or and support of his or

20  her minor child fails to do so, the spouse who is not

21  receiving spousal support may petition the court for support

22  or the parent, whether a spouse or not, or who has custody of

23  the child or with whom the child has primary residence may

24  petition apply to the court for alimony and for support for

25  the child independent of any action for without seeking

26  dissolution of marriage., and The court shall enter an order

27  as it deems just and proper.

28         Section 10.  Section 61.10, Florida Statutes, is

29  amended to read:

30         61.10  Adjudication of obligation to support spouse or

31  minor child unconnected with dissolution; child custody,

                                  17

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






    Florida Senate - 2002                                  SB 1226
    308-820A-02




  1  child's primary residence, and visitation.--Except when relief

  2  is afforded by some other pending civil action or proceeding,

  3  a spouse or parent residing in this state apart from the other

  4  his or her spouse or the other parent and minor child, whether

  5  or not such separation is through his or her fault, may

  6  petition for obtain an adjudication of obligation to maintain

  7  the spouse, if applicable, or and minor child, if any. The

  8  court shall adjudicate his or her financial obligations to the

  9  spouse and child, shall establish the child's primary

10  residence, and shall determine the custody and visitation

11  rights of the parties.  Such an action does not preclude

12  either party from maintaining any other proceeding under this

13  chapter for other or additional relief at any time.

14         Section 11.  Paragraph (a) of subsection (1) and

15  paragraph (b) of subsection (2) of section 61.13, Florida

16  Statutes, are amended to read:

17         61.13  Custody and support of children; visitation

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

19         (1)(a)  In a proceeding under this chapter for

20  dissolution of marriage, the court has jurisdiction to

21  determine all matters relating to child support may at any

22  time order either or both parents who owe a duty of support to

23  a child to pay support in accordance with the guidelines in s.

24  61.30.  The court initially entering an order requiring one or

25  both parents to make child support payments shall have

26  continuing jurisdiction after the entry of the initial order

27  to modify the amount and terms and conditions of the child

28  support payments when the modification is found necessary by

29  the court in the best interests of the child, when the child

30  reaches majority, or when there is a substantial change in the

31  circumstances of the parties.  The court initially entering a

                                  18

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






    Florida Senate - 2002                                  SB 1226
    308-820A-02




  1  child support order shall also have continuing jurisdiction to

  2  require the obligee to report to the court on terms prescribed

  3  by the court regarding the disposition of the child support

  4  payments.

  5         (2)

  6         (b)1.  The court shall determine all matters relating

  7  to custody of each minor child of the parties in accordance

  8  with the best interests of the child and in accordance with

  9  the Uniform Child Custody Jurisdiction and Enforcement Act. It

10  is the public policy of this state to assure that each minor

11  child has frequent and continuing contact with both parents

12  after the parents separate or the marriage of the parties is

13  dissolved and to encourage parents to share the rights and

14  responsibilities, and joys, of childrearing. After considering

15  all relevant facts, the father of the child shall be given the

16  same consideration as the mother in determining the primary

17  residence of a child irrespective of the age or sex of the

18  child.

19         2.  The court shall order that the parental

20  responsibility for a minor child be shared by both parents

21  unless the court finds that shared parental responsibility

22  would be detrimental to the child. Evidence that a parent has

23  been convicted of a felony of the third degree or higher

24  involving domestic violence, as defined in s. 741.28 and

25  chapter 775, or meets the criteria of s. 39.806(1)(d), creates

26  a rebuttable presumption of detriment to the child. If the

27  presumption is not rebutted, shared parental responsibility,

28  including visitation, residence of the child, and decisions

29  made regarding the child, may not be granted to the convicted

30  parent. However, the convicted parent is not relieved of any

31  obligation to provide financial support. If the court

                                  19

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






    Florida Senate - 2002                                  SB 1226
    308-820A-02




  1  determines that shared parental responsibility would be

  2  detrimental to the child, it may order sole parental

  3  responsibility and make such arrangements for visitation as

  4  will best protect the child or abused spouse from further

  5  harm. Whether or not there is a conviction of any offense of

  6  domestic violence or child abuse or the existence of an

  7  injunction for protection against domestic violence, the court

  8  shall consider evidence of domestic violence or child abuse as

  9  evidence of detriment to the child.

10         a.  In ordering shared parental responsibility, the

11  court may consider the expressed desires of the parents and

12  may grant to one party the ultimate responsibility over

13  specific aspects of the child's welfare or may divide those

14  responsibilities between the parties based on the best

15  interests of the child. Areas of responsibility may include

16  primary residence, education, medical and dental care, and any

17  other responsibilities that the court finds unique to a

18  particular family.

19         b.  The court shall order "sole parental

20  responsibility, with or without visitation rights, to the

21  other parent when it is in the best interests of" the minor

22  child.

23         c.  The court may award the grandparents visitation

24  rights with a minor child if it is in the child's best

25  interest. Grandparents have legal standing to seek judicial

26  enforcement of such an award. This section does not require

27  that grandparents be made parties or given notice of

28  dissolution pleadings or proceedings, nor do grandparents have

29  legal standing as "contestants" as defined in s. 61.1306. A

30  court may not order that a child be kept within the state or

31

                                  20

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






    Florida Senate - 2002                                  SB 1226
    308-820A-02




  1  jurisdiction of the court solely for the purpose of permitting

  2  visitation by the grandparents.

  3         3.  Access to records and information pertaining to a

  4  minor child, including, but not limited to, medical, dental,

  5  and school records, may not be denied to a parent because the

  6  parent is not the child's primary residential parent. Full

  7  rights under this subparagraph apply to either parent unless a

  8  court order specifically revokes these rights, including any

  9  restrictions on these rights as provided in a domestic

10  violence injunction. A parent having rights under this

11  subparagraph has the same rights upon request as to form,

12  substance, and manner of access as are available to the other

13  parent of a child, including, without limitation, the right to

14  in-person communication with medical, dental, and education

15  providers.

16         Section 12.  The "Uniform Child Custody Jurisdiction

17  Act," consisting of sections 61.1302, 61.1304, 61.1306,

18  61.1308, 61.131, 61.1312, 61.1314, 61.1316, 61.1318, 61.132,

19  61.1322, 61.1324, 61.1326, 61.1328, 61.133, 61.1332, 61.1334,

20  61.1336, 61.1338, 61.134, 61.1342, 61.1344, 61.1346, and

21  61.1348, Florida Statutes, is repealed.

22         Section 13.  Section 61.183, Florida Statutes, is

23  repealed.

24         Section 14.  Sections 61.19 and 61.191, Florida

25  Statutes, are transferred and renumbered as sections 61.053

26  and 61.054, respectively.

27         Section 15.  Part IV of chapter 61, Florida Statutes,

28  consisting of sections 61.501, 61.502, 61.503, 61.504, 61.505,

29  61.506, 61.507, 61.508, 61.509, 61.510, 61.511, 61.512,

30  61.513, 61.514, 61.515, 61.516, 61.517, 61.518, 61.519,

31  61.520, 61.521, 61.522, 61.523, 61.524, 61.525, 61.526,

                                  21

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






    Florida Senate - 2002                                  SB 1226
    308-820A-02




  1  61.527, 61.528, 61.529, 61.530, 61.531, 61.532, 61.533,

  2  61.534, 61.535, 61.536, 61.537, 61.538, 61.539, 61.540,

  3  61.541, and 61.542, Florida Statutes, is created to read:

  4         61.501  Short title.--This part may be cited as the

  5  "Uniform Child Custody Jurisdiction and Enforcement Act."

  6         61.502  Purposes of part; construction of

  7  provisions.--The general purposes of this part are to:

  8         (1)  Avoid jurisdictional competition and conflict with

  9  courts of other states in matters of child custody which have

10  in the past resulted in the shifting of children from state to

11  state with harmful effects on their well-being.

12         (2)  Promote cooperation with the courts of other

13  states to the end that a custody decree is rendered in the

14  state that can best decide the case in the interest of the

15  child.

16         (3)  Discourage the use of the interstate system for

17  continuing controversies over child custody.

18         (4)  Deter abductions.

19         (5)  Avoid relitigating the custody decisions of other

20  states in this state.

21         (6)  Facilitate the enforcement of custody decrees of

22  other states.

23         (7)  Promote and expand the exchange of information and

24  other forms of mutual assistance between the courts of this

25  state and those of other states concerned with the same child.

26         (8)  Make uniform the law with respect to the subject

27  of this part among the states enacting it.

28         61.503  Definitions.--As used in this part, the term:

29         (1)  "Abandoned" means left without provision for

30  reasonable and necessary care or supervision.

31

                                  22

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






    Florida Senate - 2002                                  SB 1226
    308-820A-02




  1         (2)  "Child" means an individual who has not attained

  2  18 years of age.

  3         (3)  "Child custody determination" means a judgment,

  4  decree, or other order of a court providing for the legal

  5  custody, physical custody, residential care, or visitation

  6  with respect to a child. The term includes a permanent,

  7  temporary, initial, and modification order. The term does not

  8  include an order relating to child support or other monetary

  9  obligation of an individual.

10         (4)  "Child custody proceeding" means a proceeding in

11  which legal custody, physical custody, residential care or

12  visitation with respect to a child is an issue. The term

13  includes a proceeding for divorce, separation, neglect, abuse,

14  dependency, guardianship, paternity, termination of parental

15  rights, and protection from domestic violence, in which the

16  issue may appear. The term does not include a proceeding

17  involving juvenile delinquency, contractual emancipation, or

18  enforcement under ss. 61.524-61.540.

19         (5)  "Commencement" means the filing of the first

20  pleading in a proceeding.

21         (6)  "Court" means an entity authorized under the laws

22  of a state to establish, enforce, or modify a child custody

23  determination.

24         (7)  "Home state" means the state in which a child

25  lived with a parent or a person acting as a parent for at

26  least 6 consecutive months immediately before the commencement

27  of a child custody proceeding. In the case of a child younger

28  than 6 months of age, the term means the state in which the

29  child lived from birth with any of the persons mentioned. A

30  period of temporary absence of any of the mentioned persons is

31  part of the period.

                                  23

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






    Florida Senate - 2002                                  SB 1226
    308-820A-02




  1         (8)  "Initial determination" means the first child

  2  custody determination concerning a particular child.

  3         (9)  "Issuing court" means the court that makes a child

  4  custody determination for which enforcement is sought under

  5  this part.

  6         (10)  "Issuing state" means the state in which a child

  7  custody determination is made.

  8         (11)  "Modification" means a child custody

  9  determination that changes, replaces, supersedes, or is

10  otherwise made after a previous determination concerning the

11  same child, regardless of whether it is made by the court that

12  made the previous determination.

13         (12)  "Person" means an individual, corporation,

14  business trust, estate, trust, partnership, limited liability

15  company, association, joint venture, or government;

16  governmental subdivision, agency, instrumentality, or public

17  corporation; or any other legal or commercial entity.

18         (13)  "Person acting as a parent" means a person, other

19  than a parent, who:

20         (a)  Has physical custody of the child or has had

21  physical custody for a period of 6 consecutive months,

22  including any temporary absence, within 1 year immediately

23  before the commencement of a child custody proceeding; and

24         (b)  Has been awarded legal custody by a court or

25  claims a right to legal custody under the laws of this state.

26         (14)  "Physical custody" means the physical care and

27  supervision of a child.

28         (15)  "State" means a state of the United States, the

29  District of Columbia, Puerto Rico, the United States Virgin

30  Islands, or any territory or insular possession subject to the

31  jurisdiction of the United States.

                                  24

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






    Florida Senate - 2002                                  SB 1226
    308-820A-02




  1         (16)  "Tribe" means an Indian tribe, or band, or

  2  Alaskan Native village that is recognized by federal law or

  3  formally acknowledged by a state.

  4         (17)  "Warrant" means an order issued by a court

  5  authorizing law enforcement officers to take physical custody

  6  of a child.

  7         61.504  Proceedings governed by other law.--This part

  8  does not govern an adoption proceeding or a proceeding

  9  pertaining to the authorization of emergency medical care for

10  a child.

11         61.505  Application to Indian tribes.--

12         (1)  A child custody proceeding that pertains to an

13  Indian child, as defined in the Indian Child Welfare Act, 25

14  U.S.C. s. 1901 et seq., is not subject to this part to the

15  extent that it is governed by the Indian Child Welfare Act.

16         (2)  A court of this state shall treat a tribe as if it

17  were a state of the United States for purposes of applying ss.

18  61.501-61.523.

19         (3)  A child custody determination made by a tribe

20  under factual circumstances in substantial conformity with the

21  jurisdictional standards of this part must be recognized and

22  enforced under ss. 61.524-61.540.

23         61.506  International application of part.--

24         (1)  A court of this state shall treat a foreign

25  country as if it were a state of the United States for

26  purposes of applying ss. 61.501-61.523.

27         (2)  Except as otherwise provided in subsection (3), a

28  child custody determination made in a foreign country under

29  factual circumstances in substantial conformity with the

30  jurisdictional standards of this part must be recognized and

31  enforced under ss. 61.524-61.540.

                                  25

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






    Florida Senate - 2002                                  SB 1226
    308-820A-02




  1         (3)  A court of this state need not apply this part if

  2  the child custody law of a foreign country violates

  3  fundamental principles of human rights.

  4         61.507  Effect of child custody determination.--A child

  5  custody determination made by a court of this state which had

  6  jurisdiction under this part binds all persons who have been

  7  served in accordance with the laws of this state or notified

  8  in accordance with s. 61.509 or who have submitted to the

  9  jurisdiction of the court, and who have been given an

10  opportunity to be heard. As to those persons, the

11  determination is conclusive as to all decided issues of law

12  and fact except to the extent the determination is modified.

13         61.508  Priority.--If a question of existence or

14  exercise of jurisdiction under this part is raised in a child

15  custody proceeding, the question, upon request of a party,

16  must be given priority on the calendar and handled

17  expeditiously.

18         61.509  Notice to persons outside the state.--

19         (1)  Notice required for the exercise of jurisdiction

20  when a person is outside this state may be given in a manner

21  prescribed by the laws of this state for the service of

22  process or by the laws of the state in which the service is

23  made. Notice must be given in a manner reasonably calculated

24  to give actual notice, but may be made by publication if other

25  means are not effective.

26         (2)  Proof of service may be made in the manner

27  prescribed by the laws of this state or by the laws of the

28  state in which the service is made.

29         (3)  Notice is not required for the exercise of

30  jurisdiction with respect to a person who submits to the

31  jurisdiction of the court.

                                  26

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






    Florida Senate - 2002                                  SB 1226
    308-820A-02




  1         61.510  Appearance and limited immunity.--

  2         (1)  A party to a child custody proceeding, including a

  3  modification proceeding, or a petitioner or respondent in a

  4  proceeding to enforce or register a child custody

  5  determination, is not subject to personal jurisdiction in this

  6  state for another proceeding or purpose solely by reason of

  7  having participated, or of having been physically present for

  8  the purpose of participating, in the proceeding.

  9         (2)  A person who is subject to personal jurisdiction

10  in this state on a basis other than physical presence is not

11  immune from service of process in this state. A party present

12  in this state who is subject to the jurisdiction of another

13  state is not immune from service of process allowable under

14  the laws of that state.

15         (3)  The immunity granted by subsection (1) does not

16  extend to civil litigation based on an act unrelated to the

17  participation in a proceeding under this part which was

18  committed by an individual while present in this state.

19         61.511  Communication between courts.--

20         (1)  A court of this state may communicate with a court

21  in another state concerning a proceeding arising under this

22  part.

23         (2)  The court shall allow the parties to participate

24  in the communication. If the parties elect to participate in

25  the communication, they must be given the opportunity to

26  present facts and legal arguments before a decision on

27  jurisdiction is made.

28         (3)  Communication between courts on schedules,

29  calendars, court records, and similar matters may occur

30  without informing the parties. A record need not be made of

31  the communication.

                                  27

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






    Florida Senate - 2002                                  SB 1226
    308-820A-02




  1         (4)  Except as otherwise provided in subsection (3), a

  2  record must be made of a communication under this section. The

  3  parties must be informed promptly of the communication and

  4  granted access to the record.

  5         (5)  For purposes of this section, the term "record"

  6  means a form of information, including, but not limited to, an

  7  electronic recording or transcription by a court reporter

  8  which creates a verbatim memorialization of any communication

  9  between two or more individuals or entities.

10         61.512  Taking testimony in another state.--

11         (1)  In addition to other procedures available to a

12  party, a party to a child custody proceeding may offer

13  testimony of witnesses who are located in another state,

14  including testimony of the parties and the child, by

15  deposition or other means allowable in this state for

16  testimony taken in another state. The court on its own motion

17  may order that the testimony of a person be taken in another

18  state and may prescribe the manner in which and the terms upon

19  which the testimony is taken.

20         (2)  A court of this state may, with the consent of all

21  parties, permit an individual residing in another state to be

22  deposed or to testify by telephone, audiovisual means, or

23  other electronic means before a designated court or at another

24  location in that state. A court of this state shall cooperate

25  with courts of other states in designating an appropriate

26  location for the deposition or testimony.

27         (3)  Documentary evidence transmitted from another

28  state to a court of this state by technological means that

29  does not produce an original writing may not be excluded from

30  evidence on an objection based on the means of transmission.

31

                                  28

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






    Florida Senate - 2002                                  SB 1226
    308-820A-02




  1         61.513  Cooperation between courts; preservation of

  2  records.--

  3         (1)  A court of this state may request the appropriate

  4  court of another state to:

  5         (a)  Hold an evidentiary hearing;

  6         (b)  Order a person to produce or give evidence

  7  pursuant to procedures of that state;

  8         (c)  Order that an evaluation be made with respect to

  9  the custody of a child involved in a pending proceeding;

10         (d)  Forward to the court of this state a certified

11  copy of the transcript of the record of the hearing, the

12  evidence otherwise presented, and any evaluation prepared in

13  compliance with the request; or

14         (e)  Order a party to a child custody proceeding or any

15  person having physical custody of the child to appear in the

16  proceeding with or without the child.

17         (2)  Upon request of a court of another state, a court

18  of this state may hold a hearing or enter an order described

19  in subsection (1).

20         (3)  Travel and other necessary and reasonable expenses

21  incurred under subsections (1) and (2) may be assessed against

22  the parties according to the laws of this state if the court

23  has personal jurisdiction over the party against whom these

24  expenses are being assessed.

25         (4)  A court of this state shall preserve the

26  pleadings, orders, decrees, records of hearings, evaluations,

27  and other pertinent records with respect to a child custody

28  proceeding until the child attains 18 years of age. Upon

29  appropriate request by a court or law enforcement official of

30  another state, the court shall forward a certified copy of

31  these records.

                                  29

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






    Florida Senate - 2002                                  SB 1226
    308-820A-02




  1         61.514  Initial child custody jurisdiction.--

  2         (1)  Except as otherwise provided in s. 61.517, a court

  3  of this state has jurisdiction to make an initial child

  4  custody determination only if:

  5         (a)  This state is the home state of the child on the

  6  date of the commencement of the proceeding, or was the home

  7  state of the child within 6 months before the commencement of

  8  the proceeding and the child is absent from this state but a

  9  parent or person acting as a parent continues to live in this

10  state;

11         (b)  A court of another state does not have

12  jurisdiction under paragraph (a), or a court of the home state

13  of the child has declined to exercise jurisdiction on the

14  grounds that this state is the more appropriate forum under s.

15  61.520 or s. 61.521, and:

16         1.  The child and the child's parents, or the child and

17  at least one parent or a person acting as a parent, have a

18  significant connection with this state other than mere

19  physical presence; and

20         2.  Substantial evidence is available in this state

21  concerning the child's care, protection, training, and

22  personal relationships;

23         (c)  All courts having jurisdiction under paragraph (a)

24  or paragraph (b) have declined to exercise jurisdiction on the

25  grounds that a court of this state is the more appropriate

26  forum to determine the custody of the child under s. 61.520 or

27  s. 61.521; or

28         (d)  No court of any other state would have

29  jurisdiction under the criteria specified in paragraph (a),

30  paragraph (b), or paragraph (c).

31

                                  30

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






    Florida Senate - 2002                                  SB 1226
    308-820A-02




  1         (2)  Subsection (1) is the exclusive jurisdictional

  2  basis for making a child custody determination by a court of

  3  this state.

  4         (3)  Physical presence of, or personal jurisdiction

  5  over, a party or a child is not necessary or sufficient to

  6  make a child custody determination.

  7         61.515  Exclusive, continuing jurisdiction.--

  8         (1)  Except as otherwise provided in s. 61.517, a court

  9  of this state which has made a child custody determination

10  consistent with s. 61.514 or s. 61.516 has exclusive,

11  continuing jurisdiction over the determination until:

12         (a)  A court of this state determines that the child,

13  the child's parents, and any person acting as a parent does

14  not have a significant connection with this state and that

15  substantial evidence is no longer available in this state

16  concerning the child's care, protection, training, and

17  personal relationships; or

18         (b)  A court of this state or a court of another state

19  determines that the child, the child's parent, and any person

20  acting as a parent does not presently reside in this state.

21         (2)  A court of this state which has made a child

22  custody determination and does not have exclusive, continuing

23  jurisdiction under this section may modify that determination

24  only if it has jurisdiction to make an initial determination

25  under s. 61.514.

26         61.516  Jurisdiction to modify a determination.--Except

27  as otherwise provided in s. 61.517, a court of this state may

28  not modify a child custody determination made by a court of

29  another state unless a court of this state has jurisdiction to

30  make an initial determination under s. 61.514(1)(a) or s.

31  61.514(1)(b) and:

                                  31

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






    Florida Senate - 2002                                  SB 1226
    308-820A-02




  1         (1)  The court of the other state determines it no

  2  longer has exclusive, continuing jurisdiction under s. 61.515

  3  or that a court of this state would be a more convenient forum

  4  under s. 61.520; or

  5         (2)  A court of this state or a court of the other

  6  state determines that the child, the child's parents, and any

  7  person acting as a parent does not presently reside in the

  8  other state.

  9         61.517  Temporary emergency jurisdiction.--

10         (1)  A court of this state has temporary emergency

11  jurisdiction if the child is present in this state and the

12  child has been abandoned or it is necessary in an emergency to

13  protect the child because the child, or a sibling or parent of

14  the child, is subjected to or threatened with mistreatment or

15  abuse.

16         (2)  If there is no previous child custody

17  determination that is entitled to be enforced under this part,

18  and a child custody proceeding has not been commenced in a

19  court of a state having jurisdiction under ss. 61.514-61.616,

20  a child custody determination made under this section remains

21  in effect until an order is obtained from a court of a state

22  having jurisdiction under ss. 61.514-61.516. If a child

23  custody proceeding has not been or is not commenced in a court

24  of a state having jurisdiction under ss. 61.514-61.516, a

25  child custody determination made under this section becomes a

26  final determination if it so provides and this state becomes

27  the home state of the child.

28         (3)  If there is a previous child custody determination

29  that is entitled to be enforced under this part, or a child

30  custody proceeding has been commenced in a court of a state

31  having jurisdiction under ss. 61.514-61.516, any order issued

                                  32

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






    Florida Senate - 2002                                  SB 1226
    308-820A-02




  1  by a court of this state under this section must specify in

  2  the order a period that the court considers adequate to allow

  3  the person seeking an order to obtain an order from the state

  4  having jurisdiction under ss. 61.514-61.516. The order issued

  5  in this state remains in effect until an order is obtained

  6  from the other state within the period specified or the period

  7  expires.

  8         (4)  A court of this state which has been asked to make

  9  a child custody determination under this section, upon being

10  informed that a child custody proceeding has been commenced

11  in, or a child custody determination has been made by, a court

12  of a state having jurisdiction under ss. 61.514-61.516, shall

13  immediately communicate with the other court. A court of this

14  state which is exercising jurisdiction under ss.

15  61.514-61.516, upon being informed that a child custody

16  proceeding has been commenced in, or a child custody

17  determination has been made by, a court of another state under

18  a statute similar to this section shall immediately

19  communicate with the court of that state to resolve the

20  emergency, protect the safety of the parties and the child,

21  and determine a period for the duration of the temporary

22  order.

23         61.518  Notice; opportunity to be heard; joinder.--

24         (1)  Before a child custody determination is made under

25  this part, notice and an opportunity to be heard in accordance

26  with the standards of s. 61.509 must be given to all persons

27  entitled to notice under the laws of this state as in child

28  custody proceedings between residents of this state, any

29  parent whose parental rights have not been previously

30  terminated, and any person having physical custody of the

31  child.

                                  33

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






    Florida Senate - 2002                                  SB 1226
    308-820A-02




  1         (2)  This part does not govern the enforceability of a

  2  child custody determination made without notice or an

  3  opportunity to be heard.

  4         (3)  The obligation to join a party and the right to

  5  intervene as a party in a child custody proceeding under this

  6  part are governed by the laws of this state as in child

  7  custody proceedings between residents of this state.

  8         61.519  Simultaneous proceedings.--

  9         (1)  Except as otherwise provided in s. 61.517, a court

10  of this state may not exercise its jurisdiction under ss.

11  61.514-61.524 if, at the time of the commencement of the

12  proceeding, a proceeding concerning the custody of the child

13  had been commenced in a court of another state having

14  jurisdiction substantially in conformity with this part,

15  unless the proceeding has been terminated or is stayed by the

16  court of the other state because a court of this state is a

17  more convenient forum under s. 61.520.

18         (2)  Except as otherwise provided in s. 61.517, a court

19  of this state, before hearing a child custody proceeding,

20  shall examine the court documents and other information

21  supplied by the parties pursuant to s. 61.522. If the court

22  determines that a child custody proceeding was previously

23  commenced in a court in another state having jurisdiction

24  substantially in accordance with this part, the court of this

25  state shall stay its proceeding and communicate with the court

26  of the other state. If the court of the state having

27  jurisdiction substantially in accordance with this part does

28  not determine that the court of this state is a more

29  appropriate forum, the court of this state shall dismiss the

30  proceeding.

31

                                  34

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






    Florida Senate - 2002                                  SB 1226
    308-820A-02




  1         (3)  In a proceeding to modify a child custody

  2  determination, a court of this state shall determine whether a

  3  proceeding to enforce the determination has been commenced in

  4  another state. If a proceeding to enforce a child custody

  5  determination has been commenced in another state, the court

  6  may:

  7         (a)  Stay the proceeding for modification pending the

  8  entry of an order of a court of the other state enforcing,

  9  staying, denying, or dismissing the proceeding for

10  enforcement;

11         (b)  Enjoin the parties from continuing with the

12  proceeding for enforcement; or

13         (c)  Proceed with the modification under conditions it

14  considers appropriate.

15         61.520  Inconvenient forum.--

16         (1)  A court of this state which has jurisdiction under

17  this part to make a child custody determination may decline to

18  exercise its jurisdiction at any time if it determines that it

19  is an inconvenient forum under the circumstances and that a

20  court of another state is a more appropriate forum. The issue

21  of inconvenient forum may be raised upon motion of a party,

22  the court's own motion, or request of another court.

23         (2)  Before determining whether it is an inconvenient

24  forum, a court of this state shall consider whether it is

25  appropriate for a court of another state to exercise

26  jurisdiction. For this purpose, the court shall allow the

27  parties to submit information and shall consider all relevant

28  factors, including:

29         (a)  Whether domestic violence has occurred and is

30  likely to continue in the future and which state could best

31  protect the parties and the child;

                                  35

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






    Florida Senate - 2002                                  SB 1226
    308-820A-02




  1         (b)  The length of time the child has resided outside

  2  this state;

  3         (c)  The distance between the court in this state and

  4  the court in the state that would assume jurisdiction;

  5         (d)  The relative financial circumstances of the

  6  parties;

  7         (e)  Any agreement of the parties as to which state

  8  should assume jurisdiction;

  9         (f)  The nature and location of the evidence required

10  to resolve the pending litigation, including testimony of the

11  child;

12         (g)  The ability of the court of each state to decide

13  the issue expeditiously and the procedures necessary to

14  present the evidence; and

15         (h)  The familiarity of the court of each state with

16  the facts and issues in the pending litigation.

17         (3)  If a court of this state determines that it is an

18  inconvenient forum and that a court of another state is a more

19  appropriate forum, it shall stay the proceedings upon

20  condition that a child custody proceeding be promptly

21  commenced in another designated state and may impose any other

22  condition the court considers just and proper.

23         (4)  A court of this state may decline to exercise its

24  jurisdiction under this part if a child custody determination

25  is incidental to an action for divorce or another proceeding

26  while still retaining jurisdiction over the divorce or other

27  proceeding.

28         61.521  Jurisdiction declined by reason of conduct.--

29         (1)  Except as otherwise provided in s. 61.517 or by

30  other law of this state, if a court of this state has

31  jurisdiction under this part because a person seeking to

                                  36

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






    Florida Senate - 2002                                  SB 1226
    308-820A-02




  1  invoke its jurisdiction has engaged in unjustifiable conduct,

  2  the court shall decline to exercise its jurisdiction unless:

  3         (a)  The parents and all persons acting as parents have

  4  acquiesced in the exercise of jurisdiction;

  5         (b)  A court of the state otherwise having jurisdiction

  6  under ss. 61.514-61.516 determines that this state is a more

  7  appropriate forum under s. 61.520; or

  8         (c)  No court of any other state would have

  9  jurisdiction under the criteria specified in ss.

10  61.514-61.516.

11         (2)  If a court of this state declines to exercise its

12  jurisdiction under subsection (1), it may fashion an

13  appropriate remedy to ensure the safety of the child and

14  prevent a repetition of the unjustifiable conduct, including

15  staying the proceeding until a child custody proceeding is

16  commenced in a court having jurisdiction under ss.

17  61.514-61.516.

18         (3)  If a court dismisses a petition or stays a

19  proceeding because it declines to exercise its jurisdiction

20  under subsection (1), it shall assess against the party

21  seeking to invoke its jurisdiction necessary and reasonable

22  expenses, including costs, communication expenses, attorney's

23  fees, investigative fees, expenses for witnesses, travel

24  expenses, and expenses for child care during the course of the

25  proceedings, unless the party from whom fees are sought

26  establishes that the assessment would be clearly

27  inappropriate. The court may not assess fees, costs, or

28  expenses against this state unless authorized by law other

29  than this part.

30         61.522  Information to be submitted to the court.--

31

                                  37

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






    Florida Senate - 2002                                  SB 1226
    308-820A-02




  1         (1)  Subject to state law providing for the

  2  confidentiality of procedures, addresses, and other

  3  identifying information in a child custody proceeding, each

  4  party, in its first pleading or in an attached affidavit,

  5  shall give information, if reasonably ascertainable, under

  6  oath as to the child's present address or whereabouts, the

  7  places where the child has lived during the last 5 years, and

  8  the names and present addresses of the persons with whom the

  9  child has lived during that period. The pleading or affidavit

10  must state whether the party:

11         (a)  Has participated, as a party or witness or in any

12  other capacity, in any other proceeding concerning the custody

13  of or visitation with the child and, if so, identify the

14  court, the case number, and the date of the child custody

15  determination, if any;

16         (b)  Knows of any proceeding that could affect the

17  current proceeding, including proceedings for enforcement and

18  proceedings relating to domestic violence, protective orders,

19  termination of parental rights, and adoptions and, if so,

20  identify the court, the case number, and the nature of the

21  proceeding; and

22         (c)  Knows the names and addresses of any person not a

23  party to the proceeding who has physical custody of the child

24  or claims rights of legal custody or physical custody of, or

25  visitation with, the child and, if so, the names and addresses

26  of those persons.

27         (2)  If the information required by subsection (1) is

28  not furnished, the court, upon motion of a party or its own

29  motion, may stay the proceeding until the information is

30  furnished.

31

                                  38

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






    Florida Senate - 2002                                  SB 1226
    308-820A-02




  1         (3)  If the declaration as to any of the items

  2  described in paragraphs (1)(a)-(c) is in the affirmative, the

  3  declarant shall give additional information under oath as

  4  required by the court. The court may examine the parties under

  5  oath as to details of the information furnished and other

  6  matters pertinent to the court's jurisdiction and the

  7  disposition of the case.

  8         (4)  Each party has a continuing duty to inform the

  9  court of any proceeding in this or any other state which could

10  affect the current proceeding.

11         61.523  Appearance of parties and child.--

12         (1)  In a child custody proceeding in this state, the

13  court may order a party to the proceeding who is in this state

14  to appear before the court in person with or without the

15  child. The court may order any person who is in this state and

16  who has physical custody or control of the child to appear in

17  person with the child.

18         (2)  If a party to a child custody proceeding whose

19  presence is desired by the court is outside this state, the

20  court may order that a notice given pursuant to s. 61.509

21  include a statement directing the party to appear in person

22  with or without the child and informing the party that failure

23  to appear may result in a decision adverse to the party.

24         (3)  The court may enter any orders necessary to ensure

25  the safety of the child and of any person ordered to appear

26  under this section.

27         (4)  If a party to a child custody proceeding who is

28  outside this state is directed to appear under subsection (2)

29  or desires to appear in person before the court with or

30  without the child, the court may require another party to pay

31

                                  39

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






    Florida Senate - 2002                                  SB 1226
    308-820A-02




  1  reasonable and necessary travel and other expenses of the

  2  party so appearing and of the child.

  3         61.524  Definitions.--As used in ss. 61.524-61.540, the

  4  term:

  5         (1)  "Petitioner" means a person who seeks enforcement

  6  of an order for return of a child under the Hague Convention

  7  on the Civil Aspects of International Child Abduction or

  8  enforcement of a child custody determination.

  9         (2)  "Respondent" means a person against whom a

10  proceeding has been commenced for enforcement of an order for

11  return of a child under the Hague Convention on the Civil

12  Aspects of International Child Abduction or enforcement of a

13  child custody determination.

14         61.525  Enforcement under the Hague Convention.--Under

15  this part, a court of this state may enforce an order for the

16  return of a child made under the Hague Convention on the Civil

17  Aspects of International Child Abduction as if it were a child

18  custody determination.

19         61.526  Duty to enforce.--

20         (1)  A court of this state shall recognize and enforce

21  a child custody determination of a court of another state if

22  the latter court exercised jurisdiction in substantial

23  conformity with this part or the determination was made under

24  factual circumstances meeting the jurisdictional standards of

25  this part and the determination has not been modified in

26  accordance with this part.

27         (2)  A court of this state may use any remedy available

28  under other laws of this state to enforce a child custody

29  determination made by a court of another state. The remedies

30  provided by ss. 61.524-61.540 are cumulative and do not affect

31

                                  40

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






    Florida Senate - 2002                                  SB 1226
    308-820A-02




  1  the availability of other remedies to enforce a child custody

  2  determination.

  3         61.527  Temporary visitation.--

  4         (1)  A court of this state which does not have

  5  jurisdiction to modify a child custody determination may issue

  6  a temporary order enforcing:

  7         (a)  A visitation schedule made by a court of another

  8  state; or

  9         (b)  The visitation provisions of a child custody

10  determination of another state which does not provide for a

11  specific visitation schedule.

12         (2)  If a court of this state makes an order under

13  paragraph (1)(b), it shall specify in the order a period that

14  it considers adequate to allow the petitioner to obtain an

15  order from a court having jurisdiction under the criteria

16  specified in ss. 61.514-61.523. The order remains in effect

17  until an order is obtained from the other court or the period

18  expires.

19         61.528  Registration of child custody determination.--

20         (1)  A child custody determination issued by a court of

21  another state may be registered in this state, with or without

22  a simultaneous request for enforcement, by sending to the

23  appropriate court in this state:

24         (a)  A letter or other document requesting

25  registration;

26         (b)  Two copies, including one certified copy, of the

27  determination sought to be registered and a statement under

28  penalty of perjury that, to the best of the knowledge and

29  belief of the person seeking registration, the order has not

30  been modified; and

31

                                  41

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






    Florida Senate - 2002                                  SB 1226
    308-820A-02




  1         (c)  Except as otherwise provided in s. 61.522, the

  2  name and address of the person seeking registration and any

  3  parent or person acting as a parent who has been awarded

  4  custody or visitation in the child custody determination

  5  sought to be registered.

  6         (2)  On receipt of the documents required by subsection

  7  (1), the registering court shall:

  8         (a)  Cause the determination to be filed as a foreign

  9  judgment, together with one copy of any accompanying documents

10  and information, regardless of their form; and

11         (b)  Serve notice upon the persons named pursuant to

12  paragraph (1)(c) and provide them with an opportunity to

13  contest the registration in accordance with this section.

14         (3)  The notice required by paragraph (2)(b) must state

15  that:

16         (a)  A registered determination is enforceable as of

17  the date of the registration in the same manner as a

18  determination issued by a court of this state;

19         (b)  A hearing to contest the validity of the

20  registered determination must be requested within 20 days

21  after service of notice; and

22         (c)  Failure to contest the registration will result in

23  confirmation of the child custody determination and preclude

24  further contest of that determination with respect to any

25  matter that could have been asserted.

26         (4)  A person seeking to contest the validity of a

27  registered order must request a hearing within 20 days after

28  service of the notice. At that hearing, the court shall

29  confirm the registered order unless the person contesting

30  registration establishes that:

31

                                  42

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






    Florida Senate - 2002                                  SB 1226
    308-820A-02




  1         (a)  The issuing court did not have jurisdiction under

  2  ss. 61.514-61.523;

  3         (b)  The child custody determination sought to be

  4  registered has been vacated, stayed, or modified by a court

  5  having jurisdiction to do so under ss. 61.514-61.523; or

  6         (c)  The person contesting registration was entitled to

  7  notice, but notice was not given in accordance with the

  8  standards of s. 61.509 in the proceedings before the court

  9  that issued the order for which registration is sought.

10         (5)  If a timely request for a hearing to contest the

11  validity of the registration is not made, the registration is

12  confirmed as a matter of law and the person requesting

13  registration and all persons served must be notified of the

14  confirmation.

15         (6)  Confirmation of a registered order, whether by

16  operation of law or after notice and hearing, precludes

17  further contest of the order with respect to any matter that

18  could have been asserted at the time of registration.

19         61.529  Enforcement of registered determination.--

20         (1)  A court of this state may grant any relief

21  normally available under the laws of this state to enforce a

22  registered child custody determination made by a court of

23  another state.

24         (2)  A court of this state shall recognize and enforce

25  but may not modify, except in accordance with ss.

26  61.514-61.523, a registered child custody determination of

27  another state.

28         61.530  Simultaneous proceedings.--If a proceeding for

29  enforcement under ss. 61.524-61.540 is commenced in a court of

30  this state and the court determines that a proceeding to

31  modify the determination is pending in a court of another

                                  43

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






    Florida Senate - 2002                                  SB 1226
    308-820A-02




  1  state having jurisdiction to modify the determination under

  2  ss. 61.514-61.523, the enforcing court shall immediately

  3  communicate with the modifying court. The proceeding for

  4  enforcement continues unless the enforcing court, after

  5  consultation with the modifying court, stays or dismisses the

  6  proceeding.

  7         61.531  Expedited enforcement of child custody

  8  determination.--

  9         (1)  A petition under ss. 61.524-61.540 must be

10  verified. Certified copies of all orders sought to be enforced

11  and of any order confirming registration must be attached to

12  the petition. A copy of a certified copy of an order may be

13  attached instead of the original.

14         (2)  A petition for enforcement of a child custody

15  determination must state:

16         (a)  Whether the court that issued the determination

17  identified the jurisdictional basis it relied upon in

18  exercising jurisdiction and, if so, specify the basis;

19         (b)  Whether the determination for which enforcement is

20  sought has been vacated, stayed, or modified by a court whose

21  decision must be enforced under this part and, if so, identify

22  the court, the case number, and the nature of the proceeding;

23         (c)  Whether any proceeding has been commenced that

24  could affect the current proceeding, including proceedings

25  relating to domestic violence, protective orders, termination

26  of parental rights, and adoptions and, if so, identify the

27  court, the case number, and the nature of the proceeding;

28         (d)  The present physical address of the child and the

29  respondent, if known;

30         (e)  Whether relief in addition to the immediate

31  physical custody of the child and attorney's fees is sought,

                                  44

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






    Florida Senate - 2002                                  SB 1226
    308-820A-02




  1  including a request for assistance from law enforcement

  2  officers and, if so, the relief sought; and

  3         (f)  If the child custody determination has been

  4  registered and confirmed under s. 61.528, the date and place

  5  of registration.

  6         (3)  Upon the filing of a petition, the court shall

  7  issue an order directing the respondent to appear in person

  8  with or without the child at a hearing and may enter any order

  9  necessary to ensure the safety of the parties and the child.

10  The hearing must be held on the next judicial day after

11  service of the order unless that date is impossible. In that

12  event, the court shall hold the hearing on the first judicial

13  day possible. The court may extend the date of the hearing at

14  the request of the petitioner.

15         (4)  An order issued under subsection (3) must state

16  the time and place of the hearing and advise the respondent

17  that at the hearing the court will order that the petitioner

18  may take immediate physical custody of the child and the

19  payment of fees, costs, and expenses under s. 61.535 and may

20  schedule a hearing to determine whether further relief is

21  appropriate, unless the respondent appears and establishes

22  that:

23         (a)  The child custody determination has not been

24  registered and confirmed under s. 61.528 and that:

25         1.  The issuing court did not have jurisdiction under

26  ss. 61.514-61.523;

27         2.  The child custody determination for which

28  enforcement is sought has been vacated, stayed, or modified by

29  a court of a state having jurisdiction to do so under ss.

30  61.514-61.523; or

31

                                  45

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






    Florida Senate - 2002                                  SB 1226
    308-820A-02




  1         3.  The respondent was entitled to notice, but notice

  2  was not given in accordance with the standards of s. 61.509 in

  3  the proceedings before the court that issued the order for

  4  which enforcement is sought; or

  5         (b)  The child custody determination for which

  6  enforcement is sought was registered and confirmed under s.

  7  61.528, but has been vacated, stayed, or modified by a court

  8  of a state having jurisdiction to do so under ss.

  9  61.514-61.523.

10         61.532  Service of petition and order.--Except as

11  otherwise provided in s. 61.534, the petition and order must

12  be served by any method authorized by the laws of this state

13  upon the respondent and any person who has physical custody of

14  the child.

15         61.533  Hearing and order.--

16         (1)  Unless the court enters a temporary emergency

17  order under s. 61.517, upon a finding that a petitioner is

18  entitled to immediate physical custody of the child, the court

19  shall order that the petitioner may take immediate physical

20  custody of the child unless the respondent establishes that:

21         (a)  The child custody determination has not been

22  registered and confirmed under s. 61.528 and that:

23         1.  The issuing court did not have jurisdiction under

24  ss. 61.514-61.523;

25         2.  The child custody determination for which

26  enforcement is sought has been vacated, stayed, or modified by

27  a court of a state having jurisdiction to do so under ss.

28  61.514-61.523; or

29         3.  The respondent was entitled to notice, but notice

30  was not given in accordance with the standards of s. 61.509 in

31

                                  46

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






    Florida Senate - 2002                                  SB 1226
    308-820A-02




  1  the proceedings before the court that issued the order for

  2  which enforcement is sought; or

  3         (b)  The child custody determination for which

  4  enforcement is sought was registered and confirmed under s.

  5  61.528, but has been vacated, stayed, or modified by a court

  6  of a state having jurisdiction to do so under ss.

  7  61.514-61.523.

  8         (2)  The court shall award the fees, costs, and

  9  expenses authorized under s. 61.535 and may grant additional

10  relief, including a request for the assistance of law

11  enforcement officers, and set a further hearing to determine

12  whether additional relief is appropriate.

13         (3)  If a party called to testify refuses to answer on

14  the ground that the testimony may be self-incriminating, the

15  court may draw an adverse inference from the refusal.

16         (4)  A privilege against disclosure of communications

17  between spouses and a defense of immunity based on the

18  relationship of husband and wife or parent and child may not

19  be invoked in a proceeding under ss. 61.524-61.540.

20         61.534  Warrant to take physical custody of child.--

21         (1)  Upon the filing of a petition seeking enforcement

22  of a child custody determination, the petitioner may file a

23  verified application for the issuance of a warrant to take

24  physical custody of the child if the child is likely to

25  imminently suffer serious physical harm or removal from this

26  state.

27         (2)  If the court, upon the testimony of the petitioner

28  or other witness, finds that the child is likely to imminently

29  suffer serious physical harm or removal from this state, it

30  may issue a warrant to take physical custody of the child. The

31  petition must be heard on the next judicial day after the

                                  47

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






    Florida Senate - 2002                                  SB 1226
    308-820A-02




  1  warrant is executed unless that date is impossible. In that

  2  event, the court shall hold the hearing on the first judicial

  3  day possible. The application for the warrant must include the

  4  statements required by s. 61.531(2).

  5         (3)  A warrant to take physical custody of a child

  6  must:

  7         (a)  Recite the facts upon which a conclusion of

  8  imminent serious physical harm or removal from the

  9  jurisdiction is based;

10         (b)  Direct law enforcement officers to take physical

11  custody of the child immediately; and

12         (c)  Provide for the placement of the child pending

13  final relief.

14         (4)  The respondent must be served with the petition,

15  warrant, and order immediately after the child is taken into

16  physical custody.

17         (5)  A warrant to take physical custody of a child is

18  enforceable throughout this state. If the court finds on the

19  basis of the testimony of the petitioner or other witness that

20  a less intrusive remedy is not effective, it may authorize law

21  enforcement officers to enter private property to take

22  physical custody of the child. If required by exigent

23  circumstances of the case, the court may authorize law

24  enforcement officers to make a forcible entry at any hour.

25         (6)  The court may impose conditions upon placement of

26  a child to ensure the appearance of the child and the child's

27  custodian.

28         61.535  Costs, fees, and expenses.--

29         (1)  So long as the court has personal jurisdiction

30  over the party against whom the expenses are being assessed,

31  the court shall award the prevailing party, including a state,

                                  48

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






    Florida Senate - 2002                                  SB 1226
    308-820A-02




  1  necessary and reasonable expenses incurred by or on behalf of

  2  the party, including costs, communication expenses, attorney's

  3  fees, investigative fees, expenses for witnesses, travel

  4  expenses, and expenses for child care during the course of the

  5  proceedings, unless the party from whom fees or expenses are

  6  sought establishes that the award would be clearly

  7  inappropriate.

  8         (2)  The court may not assess fees, costs, or expenses

  9  against a state unless authorized by law other than this part.

10         61.536  Recognition and enforcement.--A court of this

11  state shall accord full faith and credit to an order issued by

12  another state and consistent with this part which enforces a

13  child custody determination by a court of another state unless

14  the order has been vacated, stayed, or modified by a court

15  having jurisdiction to do so under ss. 61.514-61.523.

16         61.537  Appeals.--An appeal may be taken from a final

17  order in a proceeding under ss. 61.524-61.640 in accordance

18  with expedited appellate procedures in other civil cases.

19  Unless the court enters a temporary emergency order under s.

20  61.517, the enforcing court may not stay an order enforcing a

21  child custody determination pending appeal.

22         61.538  Role of state attorney.--

23         (1)  In a case arising under this part or involving the

24  Hague Convention on the Civil Aspects of International Child

25  Abduction, the state attorney may take any lawful action,

26  including resort to a proceeding under ss. 61.524-61.540 or

27  any other available civil proceeding, to locate a child,

28  obtain the return of a child, or enforce a child custody

29  determination, if there is:

30         (a)  An existing child custody determination;

31

                                  49

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






    Florida Senate - 2002                                  SB 1226
    308-820A-02




  1         (b)  A request to do so from a court in a pending child

  2  custody proceeding;

  3         (c)  A reasonable belief that a criminal statute has

  4  been violated; or

  5         (d)  A reasonable belief that the child has been

  6  wrongfully removed or retained in violation of the Hague

  7  Convention on the Civil Aspects of International Child

  8  Abduction.

  9         (2)  A state attorney acting under this section acts on

10  behalf of the court and may not represent any party.

11         61.539  Role of law enforcement officers.--At the

12  request of a state attorney acting under s. 61.538, a law

13  enforcement officer may take any lawful action reasonably

14  necessary to locate a child or a party and assist a state

15  attorney with responsibilities under s. 61.538.

16         61.540  Costs and expenses.--If the respondent is not

17  the prevailing party, the court may assess against the

18  respondent all direct expenses and costs incurred by the state

19  attorney and law enforcement officers under s. 61.538 or s.

20  61.539.

21         61.541  Application and construction.--In applying and

22  construing this part, consideration must be given to the need

23  to promote uniformity of the law with respect to its subject

24  matter among states that enact it.

25         61.542  Transitional provision.--A motion or other

26  request for relief made in a child custody proceeding or to

27  enforce a child custody determination that was commenced

28  before the effective date of this part is governed by the law

29  in effect at the time the motion or other request was made.

30

31

                                  50

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






    Florida Senate - 2002                                  SB 1226
    308-820A-02




  1         Section 16.  Section 741.24, Florida Statutes, is

  2  transferred and renumbered as section 772.115, Florida

  3  Statutes.

  4         Section 17.  Paragraph (d) of subsection (3),

  5  subsection (4), paragraph (a) of subsection (5), paragraph (a)

  6  of subsection (6), and paragraph (a) of subsection (7) of

  7  section 741.30, Florida Statutes, are amended to read:

  8         741.30  Domestic violence; injunction; powers and

  9  duties of court and clerk; petition; notice and hearing;

10  temporary injunction; issuance of injunction; statewide

11  verification system; enforcement.--

12         (3)

13         (d)  If the sworn petition seeks to determine issues of

14  custody or visitation with regard to the minor child or

15  children of the parties, the sworn petition shall be

16  accompanied by or shall incorporate the allegations required

17  by s. 61.522 s. 61.132 of the Uniform Child Custody

18  Jurisdiction and Enforcement Act.

19         (4)  Upon the filing of the petition, the court shall

20  set a hearing to be held at the earliest possible time. The

21  respondent shall be personally served with a copy of the

22  petition, financial affidavit, uniform child custody

23  jurisdiction and enforcement act affidavit, if any, notice of

24  hearing, and temporary injunction, if any, prior to the

25  hearing.

26         (5)(a)  When it appears to the court that an immediate

27  and present danger of domestic violence exists, the court may

28  grant a temporary injunction ex parte, pending a full hearing,

29  and may grant such relief as the court deems proper, including

30  an injunction:

31

                                  51

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






    Florida Senate - 2002                                  SB 1226
    308-820A-02




  1         1.  Restraining the respondent from committing any acts

  2  of domestic violence.

  3         2.  Awarding to the petitioner the temporary exclusive

  4  use and possession of the dwelling that the parties share or

  5  excluding the respondent from the residence of the petitioner.

  6         3.  On the same basis as provided in s. 61.13 s.

  7  61.13(2), (3), (4), and (5), granting to the petitioner

  8  temporary custody of a minor child unless there is relief

  9  afforded by some other pending civil action or proceeding

10  affecting the placement of, access to, parental time with, or

11  parental responsibility for the minor child or children. An

12  order of temporary custody remains in effect until a

13  determination of permanent custody is entered by a court of

14  competent jurisdiction in a pending or subsequent civil action

15  or proceeding affecting the placement of, access to, parental

16  time with, or parental responsibility for the minor child.

17         (6)(a)  Upon notice and hearing, the court may grant

18  such relief as the court deems proper, including an

19  injunction:

20         1.  Restraining the respondent from committing any acts

21  of domestic violence.

22         2.  Awarding to the petitioner the exclusive use and

23  possession of the dwelling that the parties share or excluding

24  the respondent from the residence of the petitioner.

25         3.  On the same basis as provided in chapter 61,

26  awarding temporary custody of, or temporary visitation rights

27  with regard to, a minor child or children of the parties

28  unless such relief is afforded by some other pending civil

29  action or proceeding. An order of temporary custody or

30  visitation remains in effect until an order of permanent

31  custody or visitation is entered by a court of competent

                                  52

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






    Florida Senate - 2002                                  SB 1226
    308-820A-02




  1  jurisdiction in a pending or subsequent civil action or

  2  proceeding affecting the placement of, access to, parental

  3  time with, or parental responsibility for the minor child.

  4         4.  On the same basis as provided in chapter 61,

  5  establishing temporary support for a minor child or children

  6  or the petitioner unless such relief is afforded by some other

  7  pending civil action or proceeding. An order of temporary

  8  support remains in effect until an order of permanent support

  9  is entered by a court of competent jurisdiction in a pending

10  or subsequent civil action or proceeding affecting child

11  support.

12         5.  Ordering the respondent to participate in

13  treatment, intervention, or counseling services to be paid for

14  by the respondent. When the court orders the respondent to

15  participate in a batterers' intervention program, the court,

16  or any entity designated by the court, must provide the

17  respondent with a list of all certified batterers'

18  intervention programs and all programs which have submitted an

19  application to the Department of Corrections to become

20  certified under s. 741.325, from which the respondent must

21  choose a program in which to participate. If there are no

22  certified batterers' intervention programs in the circuit, the

23  court shall provide a list of acceptable programs from which

24  the respondent must choose a program in which to participate.

25         6.  Referring a petitioner to a certified domestic

26  violence center. The court must provide the petitioner with a

27  list of certified domestic violence centers in the circuit

28  which the petitioner may contact.

29         7.  Ordering such other relief as the court deems

30  necessary for the protection of a victim of domestic violence,

31

                                  53

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






    Florida Senate - 2002                                  SB 1226
    308-820A-02




  1  including injunctions or directives to law enforcement

  2  agencies, as provided in this section.

  3         (7)(a)1.  The clerk of the court shall furnish a copy

  4  of the petition, financial affidavit, uniform child custody

  5  jurisdiction and enforcement act affidavit, if any, notice of

  6  hearing, and temporary injunction, if any, to the sheriff or a

  7  law enforcement agency of the county where the respondent

  8  resides or can be found, who shall serve it upon the

  9  respondent as soon thereafter as possible on any day of the

10  week and at any time of the day or night. The clerk of the

11  court shall be responsible for furnishing to the sheriff such

12  information on the respondent's physical description and

13  location as is required by the department to comply with the

14  verification procedures set forth in this section.

15  Notwithstanding any other provision of law to the contrary,

16  the chief judge of each circuit, in consultation with the

17  appropriate sheriff, may authorize a law enforcement agency

18  within the jurisdiction to effect service. A law enforcement

19  agency serving injunctions pursuant to this section shall use

20  service and verification procedures consistent with those of

21  the sheriff.

22         2.  When an injunction is issued, if the petitioner

23  requests the assistance of a law enforcement agency, the court

24  may order that an officer from the appropriate law enforcement

25  agency accompany the petitioner and assist in placing the

26  petitioner in possession of the dwelling or residence, or

27  otherwise assist in the execution or service of the

28  injunction. A law enforcement officer shall accept a copy of

29  an injunction for protection against domestic violence,

30  certified by the clerk of the court, from the petitioner and

31

                                  54

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






    Florida Senate - 2002                                  SB 1226
    308-820A-02




  1  immediately serve it upon a respondent who has been located

  2  but not yet served.

  3         3.  All orders issued, changed, continued, extended, or

  4  vacated subsequent to the original service of documents

  5  enumerated under subparagraph 1., shall be certified by the

  6  clerk of the court and delivered to the parties at the time of

  7  the entry of the order.  The parties may acknowledge receipt

  8  of such order in writing on the face of the original order.

  9  In the event a party fails or refuses to acknowledge the

10  receipt of a certified copy of an order, the clerk shall note

11  on the original order that service was effected.  If delivery

12  at the hearing is not possible, the clerk shall mail certified

13  copies of the order to the parties at the last known address

14  of each party.  Service by mail is complete upon mailing.

15  When an order is served pursuant to this subsection, the clerk

16  shall prepare a written certification to be placed in the

17  court file specifying the time, date, and method of service

18  and shall notify the sheriff.

19

20  If the respondent has been served previously with the

21  temporary injunction and has failed to appear at the initial

22  hearing on the temporary injunction, any subsequent petition

23  for injunction seeking an extension of time may be served on

24  the respondent by the clerk of the court by certified mail in

25  lieu of personal service by a law enforcement officer.

26         Section 18.  Paragraph (b) of subsection (6) of section

27  787.03, Florida Statutes, is amended to read:

28         787.03  Interference with custody.--

29         (6)

30

31

                                  55

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






    Florida Senate - 2002                                  SB 1226
    308-820A-02




  1         (b)  In order to gain the exemption conferred by

  2  paragraph (a), a person who takes a child pursuant to this

  3  subsection must:

  4         1.  Within 10 days after taking the child, make a

  5  report to the sheriff's office or state attorney's office for

  6  the county in which the child resided at the time he or she

  7  was taken, which report must include the name of the person

  8  taking the child, the current address and telephone number of

  9  the person and child, and the reasons the child was taken.

10         2.  Within a reasonable time after taking the child,

11  commence a custody proceeding that is consistent with the

12  federal Parental Kidnapping Prevention Act, 28 U.S.C. s.

13  1738A, or the Uniform Child Custody Jurisdiction and

14  Enforcement Act, ss. 61.501-61.542 ss. 61.1302-61.1348.

15         3.  Inform the sheriff's office or state attorney's

16  office for the county in which the child resided at the time

17  he or she was taken of any change of address or telephone

18  number of the person and child.

19         Section 19.  (1)  In order for a unified family court

20  model to function effectively, efficiently, consistently, and

21  fairly, each participant in the unified family court model

22  must determine its information needs and assess its technology

23  support and resources for meeting those needs. The

24  participants in the family court model must cooperate and

25  collaborate to develop the most efficient and cost-effective

26  information system and to determine how to fund such a system.

27  That system should provide for collecting, storing,

28  retrieving, accessing, and sharing needed information.

29         (2)  The State Technology Office is encouraged to

30  assist the courts and clerks of courts in establishing a

31  workgroup by July 1, 2002, to develop an information system

                                  56

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






    Florida Senate - 2002                                  SB 1226
    308-820A-02




  1  based on the assessment of the information needs of the

  2  participants in the unified family court model. The workgroup

  3  should initially focus on processing information for

  4  identifying, tracking, processing, and linking related cases

  5  involving the same family members. The workgroup may also work

  6  on other issues identified by the participants as facilitating

  7  the operations of programs of the unified family court model

  8  and facilitating the provision of services to families before

  9  the court.

10         (3)  The final report of the workgroup should be

11  provided to the Legislature by February 1, 2003. The report

12  should identify, at a minimum, the information needs of the

13  courts, the clerks of court, the agencies, and other

14  stakeholders in programs of the unified family court model;

15  the information technology needed to facilitate the provision

16  and exchange of necessary information to, within, and from the

17  court under a unified family court model; the information

18  system that will meet those needs; the funding needs and

19  funding sources; and any other recommendations for legislative

20  action.

21         Section 20.  If any provision of this act or its

22  application to any person or circumstance is held invalid, the

23  invalidity does not affect other provisions or applications of

24  the act which can be given effect without the invalid

25  provision or application, and to this end the provisions of

26  this act are severable.

27         Section 21.  This act shall take effect upon becoming a

28  law.

29

30

31

                                  57

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






    Florida Senate - 2002                                  SB 1226
    308-820A-02




  1            *****************************************

  2                          SENATE SUMMARY

  3    Provides legislative intent to continue the initiative to
      reform the family courts and create a unified family
  4    court model. Authorizes the Supreme Court to create a
      system for identifying individuals and families within
  5    the court system. Provides for procedures governing
      mediation to apply to voluntary mediation and presuit
  6    mediation. Authorizes a parent to petition the court for
      child support regardless of the parent's marital status
  7    and independent of an action for dissolution of marriage.
      Repeals the "Uniform Child Custody Jurisdiction Act."
  8    Creates the "Uniform Child Custody Jurisdiction and
      Enforcement Act." (See bill for details.)
  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  58

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