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



                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1455

    Amendment No. 01 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

  6

  7

  8

  9

10  ______________________________________________________________

11  The Committee on Judicial Oversight offered the following:

12

13         Amendment (with title amendment) 

14  Remove everything after the enacting clause

15

16  and insert:

17         Section 1.  (1)  The Legislature finds that cases

18  within the judicial system relating to children and their

19  families, include, but are not limited to, child abuse and

20  neglect, termination of parental rights, dissolution of

21  marriage, custody and visitation, child support, adoption,

22  determination of paternity, domestic violence, and juvenile

23  delinquency.

24         (2)  The Legislature finds that under the current

25  system, it is not uncommon to have a family involved with one

26  judge because of an adult abuse proceeding, a second judge

27  because of an ensuing divorce, with still another judge

28  because of child abuse and neglect allegations, and a fourth

29  judge if the abuse allegation led to criminal charges.  This

30  fragmented judicial system can result in the issuance of

31  diverse or even conflicting orders affecting the family.

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1455

    Amendment No. 01 (for drafter's use only)





  1         (3)  The Legislature finds that the role of courts in

  2  case coordination is expanding, not because courts are, or

  3  should be, assuming the administrative and service delivery

  4  functions of child welfare or social service agencies, but

  5  because the need for communication and coordination across

  6  courts and between courts and social service agencies is

  7  becoming widely recognized.  Such case coordination, which

  8  permits intervention earlier in the process, prevents courts

  9  and other agencies from working at cross-purposes and provides

10  a consistent plan of service that should avoid fragmentation

11  of services and misallocation of judicial resources, and

12  should increase the likelihood of success.  The Legislature

13  recognizes that such coordination may necessitate

14  organizational, staff and data system changes.

15         (4)  The Legislature further finds the role of the

16  court in cases involving children and families becoming

17  smaller, with only the most contentious or complicated cases

18  reaching the traditional court system.  Fewer cases would

19  result in a need for fewer family court judges, and those

20  judges would have more time to devote to each case.  Resources

21  allocated for judicial time could be, and should be,

22  redistributed from the back end to the front end of the

23  system.

24         (5)  Finally, the Legislature finds that procedures of

25  courts that handle cases involving children and families need

26  to be as simple as possible and readily accessible to the

27  public, particularly those individuals not represented by

28  counsel.

29         (6)  The Legislature intends to support the efforts of

30  the court to implement a unified family court model by

31  enacting the substantive legislation necessary to facilitate

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1455

    Amendment No. 01 (for drafter's use only)





  1  this specific work of the court.

  2         Section 2.  Legislative Commission on Family Law and

  3  Children; membership; advisory committee; staff; duties.--

  4         (1)  There is created a joint committee of the Florida

  5  Legislature to be known as the Legislative Commission on

  6  Family Law and Children, to be composed of six members as

  7  follows:  three members of the Senate appointed by the

  8  President of the Senate, to include the chair of the Senate

  9  Judiciary Committee or its successor, and three members of the

10  House of Representatives appointed by the Speaker of the

11  House, to include the chair of the Judicial Oversight

12  Committee or its successor.  The terms of members shall be for

13  2 years and shall run from the organization of the one

14  Legislature to the organization of the next Legislature.

15  Vacancies occurring during the interim period shall be filled

16  in the same manner as the original appointment.  The President

17  of the Senate shall appoint the chair in odd-numbered years

18  and the Speaker of the House of Representatives shall appoint

19  the chair in even-numbered years.  The Commission will be

20  jointly staffed by the substantive committees of the House of

21  Representatives and the Senate.

22         (2)  The Legislative Commission on Family Law and

23  Children is authorized and directed to establish an advisory

24  committee to assist in carrying out the work of the

25  commission.  Membership of the advisory committee shall be

26  determined by the commission.

27         (3)  The commission shall meet at least quarterly and

28  more frequently at the direction of the presiding officers or

29  upon call of the chair.  The commission may conduct its

30  meetings through teleconferences or other similar means.

31         (4)  It is intended that the commission shall develop a

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1455

    Amendment No. 01 (for drafter's use only)





  1  true family code, including, but not limited to, chapters 39,

  2  61, 63, 88, 409, 741, 742, 743, 751, 752, 753, 984, and 985,

  3  Florida Statutes.  Such a code shall be an internally

  4  consistent body of law that would enable any individual to

  5  locate the statutory requirements for any proceeding within

  6  the unified family court's jurisdiction.

  7         (5)  The commission shall stand repealed on June 30,

  8  2007, unless reviewed and saved from repeal through

  9  reenactment by the Legislature.

10         Section 3.  Section 25.375, Florida Statutes, is

11  created to read:

12         25.375  Identification of related cases.--The Supreme

13  Court may create a unique identifier for each individual to

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

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

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

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

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

19  or other personal identification information, such as the

20  individual's date of birth. Until October 2, 2007, the state

21  courts system and the clerk of the court are authorized to

22  collect and use an individual's social security number solely

23  for the purpose of case management and identification of

24  related cases. Failure to provide a social security number for

25  this purpose shall not be grounds to deny any services,

26  rights, or remedies otherwise provided by law.

27         Section 4.  Subsection (2) of section 25.385, Florida

28  Statutes, is amended to read:

29         25.385  Standards for instruction of circuit and county

30  court judges in handling domestic violence cases.--

31         (2)  As used in this section:

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1455

    Amendment No. 01 (for drafter's use only)





  1         (a)  The term "domestic violence" has the same meaning

  2  ascribed in s. 741.28 means any assault, battery, sexual

  3  assault, sexual battery, or any criminal offense resulting in

  4  physical injury or death of one family or household member by

  5  another, who is or was residing in the same single dwelling

  6  unit.

  7         (b)  "Family or household member" has the same meaning

  8  ascribed in s. 741.28 means spouse, former spouse, persons

  9  related by blood or marriage, persons who are presently

10  residing together, as if a family, or who have resided

11  together in the past, as if a family, and persons who have a

12  child in common regardless of whether they have been married

13  or have presently residing together, as if a family, or who

14  have resided together in the past, as if a family, and persons

15  who have a child in common regardless of whether they have

16  been married or have resided together at any time.

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

18  Statutes, is amended to read:

19         39.013  Procedures and jurisdiction; right to

20  counsel.--

21         (4)  Orders entered pursuant to this chapter which

22  affect the placement of, access to, parental time with, or

23  parental responsibility for a minor child The order of the

24  circuit court hearing dependency matters shall be filed by the

25  clerk of the court in any dissolution or other custody action

26  or proceeding and shall take precedence over other custody and

27  visitation orders entered in civil those actions or

28  proceedings. However, if the court has terminated

29  jurisdiction, such order may be subsequently modified by a

30  court of competent jurisdiction in any other civil action or

31  proceeding affecting placement of, access to, parental time

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1455

    Amendment No. 01 (for drafter's use only)





  1  with, or parental responsibility for the same minor child, if

  2  notice of the action or proceeding and opportunity to be heard

  3  are given to the Department of Children and Family Services.

  4         Section 6.  Subsection (6) of section 39.0132, Florida

  5  Statutes, is amended and subsection (7) is added to that

  6  section to read:

  7         39.0132  Oaths, records, and confidential

  8  information.--

  9         (6)  No court record of proceedings under this chapter

10  shall be admissible in evidence in any other civil or criminal

11  proceeding, except that:

12         (a)  Orders permanently terminating the rights of a

13  parent and committing the child to a licensed child-placing

14  agency or the department for adoption shall be admissible in

15  evidence in subsequent adoption proceedings relating to the

16  child.

17         (a)(b)  Records of proceedings under this chapter

18  forming a part of the record on appeal shall be used in the

19  appellate court in the manner hereinafter provided.

20         (b)(c)  Records necessary therefor shall be admissible

21  in evidence in any case in which a person is being tried upon

22  a charge of having committed perjury.

23         (c)(d)  Records of proceedings under this chapter may

24  be used to prove disqualification pursuant to s. 435.06 and

25  for proof regarding such disqualification in a chapter 120

26  proceeding.

27         (e)  Orders permanently and involuntarily terminating

28  the rights of a parent shall be admissible as evidence in

29  subsequent termination of parental rights proceedings for a

30  sibling of the child for whom parental rights were terminated.

31         (d)  Final orders entered pursuant to an adjudicatory

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1455

    Amendment No. 01 (for drafter's use only)





  1  hearing shall be admissible in evidence in any subsequent

  2  civil proceeding relating to placement of, access to, parental

  3  time with, or parental responsibility for the same child or

  4  sibling of that child.

  5         (e)  Evidence admitted in any proceeding under this

  6  chapter may be admissible in evidence when offered by any

  7  party in any subsequent civil proceeding relating to placement

  8  of, access to, parental time with, or parental responsibility

  9  for the same child or sibling of that child, provided that:

10         1.  Notice is given to the opposing party or opposing

11  party's counsel of the intent to offer the evidence and a copy

12  of such evidence is delivered to the opposing party or the

13  opposing party's counsel.

14         2.  The evidence is otherwise admissible in the

15  subsequent civil proceeding.

16         (7)  Final orders, records, and evidence in any

17  proceeding under this chapter which are subsequently admitted

18  in evidence pursuant to subsection (6) are still subject to

19  the provisions of subsections (3) and (4).

20         Section 7.  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 8.  Subsection (3) of section 39.521, Florida

28  Statutes, is amended to read:

29         39.521  Disposition hearings; powers of disposition.--

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

31  dependent, the court shall determine the appropriate placement

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1455

    Amendment No. 01 (for drafter's use only)





  1  for the child as follows:

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

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

  4  residing at the time the events or conditions arose that

  5  brought the child within the jurisdiction of the court and

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

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

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

  9  be under the protective supervision of the department for not

10  less than 6 months.

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

12  residing at the time the events or conditions arose that

13  brought the child within the jurisdiction of the court who

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

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

16  unless the court finds that such placement would endanger the

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

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

19  present to the court evidence regarding whether the placement

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

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

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

23         1.  Order that the parent assume sole custodial

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

25  reasonable visitation by the noncustodial parent. The court

26  may then terminate its jurisdiction over the child. The

27  custody order shall take precedence over other orders that

28  effect placement of, access to, parental time with, or

29  parental responsibility for a minor child continue unless

30  modified by a subsequent order of the circuit court hearing

31  dependency matters. The order of the circuit court hearing

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1455

    Amendment No. 01 (for drafter's use only)





  1  dependency matters shall be filed in any dissolution or other

  2  custody action or proceeding between the parents and shall

  3  take precedence over other custody and visitation orders

  4  entered in civil those actions or proceedings. However, if the

  5  court terminates jurisdiction, such order may be subsequently

  6  modified by a court of competent jurisdiction in any other

  7  civil action or proceeding affecting placement of, access to,

  8  parental time with, or parental responsibility for the same

  9  minor child, if notice of the action or proceeding and

10  opportunity to be heard are given to the Department of

11  Children and Family Services.

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

13  jurisdiction of the circuit court hearing dependency matters.

14  The court may order that reunification services be provided to

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

16  be provided solely to the parent who is assuming physical

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

18  without court jurisdiction, or that services be provided to

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

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

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

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

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

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

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

26  temporary legal custody of an adult relative or other adult

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

28  under the protective supervision of the department. The

29  department must supervise this placement until the child

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

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

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1455

    Amendment No. 01 (for drafter's use only)





  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  required, so long as permanency has been established for the

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1455

    Amendment No. 01 (for drafter's use only)





  1  child.

  2         Section 9.  Subsection (6) of section 39.814, Florida

  3  Statutes, is amended and subsection (7) is added to that

  4  section to read:

  5         39.814  Oaths, records, and confidential information.--

  6         (6)  No court record of proceedings under this part

  7  shall be admissible in evidence in any other civil or criminal

  8  proceeding, except that:

  9         (a)  Orders terminating the rights of a parent are

10  admissible in evidence in subsequent adoption proceedings

11  relating to the child and in subsequent termination of

12  parental rights proceedings concerning a sibling of the child.

13         (a)(b)  Records of proceedings under this part forming

14  a part of the record on appeal shall be used in the appellate

15  court in the manner hereinafter provided.

16         (b)(c)  Records necessary therefor shall be admissible

17  in evidence in any case in which a person is being tried upon

18  a charge of having committed perjury.

19         (c)  Final orders entered pursuant to an adjudicatory

20  hearing shall be admissible in evidence in any subsequent

21  civil proceeding relating to placement of, access to, parental

22  time with, or parental responsibility for the same child or

23  sibling of that child.

24         (d)  Evidence admitted in evidence in any proceeding

25  under this part may be admissible in evidence when offered by

26  any party in any subsequent civil proceeding relating to

27  placement of, access to, parental time with or parental

28  responsibility for the same child or sibling of that child,

29  provided that:

30         1.  Notice is given to the opposing party or opposing

31  party's counsel of the intent to offer the evidence and a copy

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1455

    Amendment No. 01 (for drafter's use only)





  1  of such evidence is delivered to the opposing party or

  2  opposing party's counsel.

  3         2.  The evidence is otherwise admissible in the

  4  subsequent civil proceeding.

  5         (7)  Final orders, records, and evidence in any

  6  proceeding under this part which are subsequently admitted in

  7  evidence pursuant to subsection (6) are still subject to the

  8  provisions of subsection (3) and (4).

  9         Section 10.  Subsections (1) and (3) of section 39.902,

10  Florida Statutes, are amended to read:

11         39.902  Definitions.--As used in this part, the term:

12         (1)  "Domestic violence" has the same meaning ascribed

13  in s. 741.28 means any assault, battery, sexual assault,

14  sexual battery, or any criminal offense resulting in physical

15  injury or death of one family or household member by another

16  who is or was residing in the same single dwelling unit.

17         (3)  "Family or household member" has the same meaning

18  ascribed in s. 741.28 means spouses, former spouses, adults

19  related by blood or marriage, persons who are presently

20  residing together as if a family or who have resided together

21  in the past as if a family, and persons who have a child in

22  common regardless of whether they have been married or have

23  resided together at any time.

24         Section 11.  Subsection (2) of section 44.1011, Florida

25  Statutes, is amended to read:

26         44.1011  Definitions.--As used in this chapter:

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

28  third person called a mediator acts to encourage and

29  facilitate the resolution of a dispute between two or more

30  parties.  It is an informal and nonadversarial process with

31  the objective of helping the disputing parties reach a

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1455

    Amendment No. 01 (for drafter's use only)





  1  mutually acceptable and voluntary agreement.  In mediation,

  2  decisionmaking authority rests with the parties.  The role of

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

  4  parties in identifying issues, fostering joint problem

  5  solving, and exploring settlement alternatives. "Mediation"

  6  includes:

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

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

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

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

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

12  must appear unless stipulated to by the parties or otherwise

13  ordered by the court.

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

15  civil cases within the jurisdiction of county courts,

16  including small claims. Negotiations in county court mediation

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

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

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

20  matters, including married and unmarried persons, before and

21  after judgments involving dissolution of marriage; property

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

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

24  and visitation involving emotional or financial considerations

25  not usually present in other circuit civil cases. Negotiations

26  in family mediation are primarily conducted by the parties.

27  Counsel for each party may attend the mediation conference and

28  privately communicate with their clients.  However, presence

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

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

31  proceed in the absence of counsel unless otherwise ordered by

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1455

    Amendment No. 01 (for drafter's use only)





  1  the court.

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

  3  which means mediation of dependency, child in need of

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

  5  in dependency or in need of services mediation are primarily

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

  7  the mediation conference and privately communicate with their

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

  9  the discretion of the mediator and with the agreement of the

10  parties, mediation may proceed in the absence of counsel

11  unless otherwise ordered by the court.

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

13  any matters as provided in paragraphs (d) and (e) if a court

14  has not referred the matter to mediation but the parties agree

15  to submit to mediation after the initiation of any legal

16  proceeding.

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

18  matters as provided in paragraph (d) which are in dispute and

19  for which the persons disputing the matters agree to submit to

20  mediation before the initiation of any legal proceeding.

21         Section 12.  Section 44.1012, Florida Statutes, is

22  created to read:

23         44.1012  Continuum of alternatives to litigation;

24  legislative intent.--It is the intent of the Legislature that

25  a range of alternatives to judicial action be available to

26  families in order to reduce the level of costly court

27  intervention required to resolve disputes. Communities, with

28  the involvement of the courts, are encouraged to provide

29  families with a continuum of options that educate and assist

30  parents and children with conflict dispute resolution prior to

31  and after judicial intervention.

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1455

    Amendment No. 01 (for drafter's use only)





  1         Section 13.  Section 44.1025, Florida Statutes, is

  2  created to read:

  3         44.1025  Presuit and voluntary mediation.--

  4         (1)  All oral or written communications or documents,

  5  including the written documents of a mediator, other than an

  6  executed settlement agreement, in a presuit or voluntary

  7  mediation proceeding shall be confidential and inadmissible as

  8  evidence in any subsequent legal proceeding, unless all

  9  participants to the presuit mediation or all parties to the

10  voluntary mediation otherwise agree.

11         (2)  Each participant to a presuit mediation or any

12  party to a voluntary mediation has a privilege to refuse to

13  disclose and to prevent another person from disclosing

14  communications made during or for the purpose of mediation,

15  except as provided in subsection (3). A participant to a

16  presuit mediation or party to a voluntary mediation does not

17  include a mediator, counsel for a participant or party, or

18  anyone hired by the participant or party to assist in the

19  mediation process.

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

21  any disclosure of oral or written communications made

22  confidential in subsection (2) for:

23         (a)  Communications concerning abuse, neglect, or

24  exploitation of any person for which the law requires a

25  mandatory report.

26         (b)  Evidence of acts or threats of physical violence.

27         (c)  Professional misconduct committed during the

28  mediation. In such cases, the disclosure of an otherwise

29  privileged communication shall be used only for the internal

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

31  release of any disciplinary files to the public, all

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1455

    Amendment No. 01 (for drafter's use only)





  1  references to otherwise privileged communications shall be

  2  deleted from the record. When an otherwise confidential

  3  communication is used in a disciplinary proceeding, the

  4  communication shall be inadmissible as evidence in any

  5  subsequent legal proceeding. As used in this paragraph, the

  6  term "subsequent legal proceeding" means any legal proceeding

  7  between the parties to the mediation which follows the presuit

  8  or voluntary mediation.

  9         (4)  Admission of evidence under subsection (3) does

10  not render the evidence or any other mediation communication

11  discoverable or admissible for any other purpose.

12         (5)  Evidence or information which is otherwise

13  admissible or subject to discovery does not become

14  inadmissible or protected from discovery solely by reason of

15  its disclosure or use in mediation.

16         Section 14.  Section 44.108, Florida Statutes, as

17  amended by section 8 of chapter 2001-122, Laws of Florida, is

18  amended to read:

19         44.108  Funding of mediation and

20  arbitration.--Mediation should be accessible to all parties

21  regardless of financial status.

22         (1)  Each board of county commissioners may support

23  mediation and arbitration services by appropriating moneys

24  from county revenues and by:

25         (a)(1)  Levying, in addition to other service charges

26  levied by law, a service charge of no more than $5 on any

27  circuit court proceeding, which shall be deposited in the

28  court's mediation-arbitration account fund under the

29  supervision of the chief judge of the circuit in which the

30  county is located; and

31         (b)(2)  Levying, in addition to other service charges

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  1  levied by law, a service charge of no more than $5 on any

  2  county court proceeding, which shall be deposited in the

  3  county's mediation-arbitration account fund to be used to fund

  4  county civil mediation services under the supervision of the

  5  chief judge of the circuit in which the county is located.

  6         (c)  If a board of county commissioners levies the

  7  service charge authorized in paragraph (a) or paragraph (b),

  8  the clerk of the court shall forward $1 of each charge to the

  9  Department of Revenue for deposit in the state mediation and

10  arbitration trust fund. Such fund shall be used by the Supreme

11  Court to carry out its responsibilities set forth in s.

12  44.106.

13         (2)(3)  A fee of $65 is levied Levying, in addition to

14  other service charges levied by law, a service charge of no

15  more than $45 on any petition for a modification of a final

16  judgment of dissolution and shall be deposited as follows:

17         (a)  Forty-four dollars, which shall be deposited in

18  the court's family mediation account fund to be used to fund

19  family mediation services under the supervision of the chief

20  judge of the circuit in which the county is located.

21         (b)  Twenty dollars shall be forwarded to the

22  Department of Revenue for deposit in the state mediation and

23  arbitration trust fund, which shall be used by the Supreme

24  Court to carry out its responsibilities set forth in s.

25  44.202.

26         (c)  One dollar shall be forwarded to the Department of

27  Revenue for deposit in the state mediation and arbitration

28  trust fund, which shall be used by the Supreme Court to carry

29  out its responsibilities set forth in s. 44.106.

30         (4)  If a board of county commissioners levies the

31  service charge authorized in subsection (1), subsection (2),

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  1  or subsection (3), the clerk of the court shall forward $1 of

  2  each charge to the Department of Revenue for deposit in the

  3  state mediation and arbitration trust fund which is hereby

  4  established.  Such fund shall be used by the Supreme Court to

  5  carry out its responsibilities set forth in s. 44.106.

  6         Section 15.  The Legislature requests that the Supreme

  7  Court establish a formal process that encourages and

  8  facilitates the filing of stipulated agreements in

  9  post-judgment family-law matters; such process should

10  facilitate consideration of the stipulated agreement by the

11  court without necessitating an appearance before the court.

12  This process should provide notice to the parties regarding

13  their right to a hearing, include safeguards to prevent the

14  filing or acceptance of agreements reached under duress or

15  coercion, and provide for a hearing if the court determines

16  that such a hearing is necessary.

17         Section 16.  Section 44.202, Florida Statutes, is

18  created to read:

19         44.202  Presuit mediation pilot programs.--

20         (1)  The Supreme Court shall use funds as designated

21  under s. 44.108(2) to provide court-ordered family mediation

22  and to establish presuit-mediation pilot programs. At the

23  discretion of the Supreme Court, up to 50 percent of these

24  designated funds may be used to ensure that court-ordered

25  family mediation is available in each of the circuits. The

26  Supreme Court's use of these designated funds is contingent

27  upon the court's establishment of a formal process that allows

28  for the court filing and approval of stipulated agreements

29  without the need for court appearances by the parties.

30         (2)  The purposes of these presuit-mediation pilot

31  programs are to:

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  1         (a)  Encourage mediation prior to the court filing of a

  2  supplemental petition to modify or a motion to enforce a final

  3  judgment involving dissolution of marriage, paternity, spousal

  4  support, parental responsibility, child support, custody, and

  5  visitation.

  6         (b)  Facilitate the court filing and approval of

  7  mediated agreements of such family-law matters.

  8         (c)  Minimize the need for court appearances arising

  9  from modification or enforcement of final judgments involving

10  such family-law matters.

11         (3)  The presuit-mediation pilot programs shall:

12         (a)  Incorporate and use the same formal process that

13  the Supreme Court establishes for the court filing and

14  approval of stipulated agreements without the need for court

15  appearances by the parties.

16         (b)  Provide families with the opportunity to mediate a

17  disputed family-law matter before filing a supplemental

18  petition to modify or a motion to enforce a final judgment and

19  to obtain court approval of a mediated agreement on such

20  matters without the need for a court appearance.

21         (c)  Offer voluntary participation in the program to

22  persons, particularly those who would not otherwise be able to

23  afford mediation, in these family-law matters.

24         (d)  Exclude cases involving judgments entered pursuant

25  to chapter 741.

26         (4)  Each person participating in a mediation pursuant

27  to this section shall be given an executed copy of the

28  mediated agreement. Each person has the right to request a

29  hearing on the supplemental petition to modify a final

30  judgment or motion to enforce a final judgment. Each person

31  shall also be provided with the opportunity to waive his or

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  1  her right to a hearing and to consent in writing to the entry

  2  of mediated agreement without a hearing.

  3         (5)  The court, in its discretion, may enter an order

  4  approving a mediated agreement pursuant to a presuit-mediation

  5  pilot program without requiring a court appearance by the

  6  parties, subject to subsection (4). If the mediated agreement

  7  is approved, the agreement shall be made a part of the order.

  8         (6)  The provisions of s. 44.1025 apply to mediations

  9  conducted pursuant to this section.

10         (7)  The Office of the State Courts Administrator shall

11  evaluate the presuit-mediation pilot programs.  The evaluation

12  shall include, but not be limited to: the use of the pilot

13  programs; the issues mediated; the number of mediated

14  agreements reached; the number of mediated agreements adopted

15  by the court, with and without a court appearance; the number

16  of court hearings avoided; and an estimated amount of court

17  time saved.  A report on the evaluation of the

18  presuit-mediation pilot programs shall be submitted to the

19  President of the Senate and the Speaker of the House of

20  Representatives by December 31, 2004.

21         Section 17.  Paragraph (a) of subsection (1) and

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

23  Statutes, are amended to read:

24         61.13  Custody and support of children; visitation

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

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

27  dissolution of marriage, the court has jurisdiction to

28  determine all matters relating to child support may at any

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

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

31  61.30.  The court initially entering an order requiring one or

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  1  both parents to make child support payments shall have

  2  continuing jurisdiction after the entry of the initial order

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

  4  support payments when the modification is found necessary by

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

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

  7  circumstances of the parties.  The court initially entering a

  8  child support order shall also have continuing jurisdiction to

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

10  by the court regarding the disposition of the child support

11  payments.

12         (2)

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

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

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

16  the Uniform Child Custody Jurisdiction and Enforcement Act. It

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

18  child has frequent and continuing contact with both parents

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

20  dissolved and to encourage parents to share the rights and

21  responsibilities, and joys, of childrearing. After considering

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

23  same consideration as the mother in determining the primary

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

25  child.

26         2.  The court shall order that the parental

27  responsibility for a minor child be shared by both parents

28  unless the court finds that shared parental responsibility

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

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

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

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

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

  3  presumption is not rebutted, shared parental responsibility,

  4  including visitation, residence of the child, and decisions

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

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

  7  obligation to provide financial support. If the court

  8  determines that shared parental responsibility would be

  9  detrimental to the child, it may order sole parental

10  responsibility and make such arrangements for visitation as

11  will best protect the child or abused spouse from further

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

13  domestic violence or child abuse or the existence of an

14  injunction for protection against domestic violence, the court

15  shall consider evidence of domestic violence or child abuse as

16  evidence of detriment to the child.

17         a.  In ordering shared parental responsibility, the

18  court may consider the expressed desires of the parents and

19  may grant to one party the ultimate responsibility over

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

21  responsibilities between the parties based on the best

22  interests of the child. Areas of responsibility may include

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

24  other responsibilities that the court finds unique to a

25  particular family.

26         b.  The court shall order "sole parental

27  responsibility, with or without visitation rights, to the

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

29  child.

30         c.  The court may award the grandparents visitation

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

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  1  interest. Grandparents have legal standing to seek judicial

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

  3  that grandparents be made parties or given notice of

  4  dissolution pleadings or proceedings, nor do grandparents have

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

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

  7  jurisdiction of the court solely for the purpose of permitting

  8  visitation by the grandparents.

  9         3.  Access to records and information pertaining to a

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

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

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

13  rights under this subparagraph apply to either parent unless a

14  court order specifically revokes these rights, including any

15  restrictions on these rights as provided in a domestic

16  violence injunction. A parent having rights under this

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

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

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

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

21  providers.

22         Section 18.  The "Uniform Child Custody Jurisdiction

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

24  61.1308, 61.131, 61.1312, 61.1314, 61.1316, 61.1318, 61.132,

25  61.1322, 61.1324, 61.1326, 61.1328, 61.133, 61.1332, 61.1334,

26  61.1336, 61.1338, 61.134, 61.1342, 61.1344, 61.1346, and

27  61.1348, Florida Statutes, is repealed.

28         Section 19.  Section 61.183, Florida Statutes, is

29  repealed.

30         Section 20.  Sections 61.19 and 61.191, Florida

31  Statutes, are transferred and renumbered as sections 61.053

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  1  and 61.054, respectively.

  2         Section 21.  Subsections (3) and (4) of section 61.21,

  3  Florida Statutes, are amended to read:

  4         61.21  Parenting course authorized; fees; required

  5  attendance authorized; contempt.--

  6         (3)  All parties to a dissolution of marriage

  7  proceeding with minor children or a paternity action which

  8  involves issues of parental responsibility shall be required

  9  to complete the Parent Education and Family Stabilization

10  Course prior to the entry by the court of a final judgment.

11  The court may excuse a party from attending the parenting

12  course or meeting the required timeframe for completing the

13  course for good cause.

14         (4)  All parties required to complete a parenting

15  course under this section shall begin the course as

16  expeditiously as possible after filing for dissolution of

17  marriage or paternity. Unless excused by the court pursuant to

18  subsection (3), the petitioner in the action must complete the

19  course within 45 days after filing the petition and all other

20  parties to the action must complete the course within 45 days

21  after service of the petition. Each party and shall file proof

22  of compliance with the court prior to the entry of the final

23  judgment.

24         Section 22.  Part IV of chapter 61, Florida Statutes,

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

26  61.506, 61.507, 61.508, 61.509, 61.510, 61.511, 61.512,

27  61.513, 61.514, 61.515, 61.516, 61.517, 61.518, 61.519,

28  61.520, 61.521, 61.522, 61.523, 61.524, 61.525, 61.526,

29  61.527, 61.528, 61.529, 61.530, 61.531, 61.532, 61.533,

30  61.534, 61.535, 61.536, 61.537, 61.538, 61.539, 61.540,

31  61.541, and 61.542, Florida Statutes, is created to read:

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  1         61.501  Short title.--This part may be cited as the

  2  "Uniform Child Custody Jurisdiction and Enforcement Act."

  3         61.502  Purposes of part; construction of

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

  5         (1)  Avoid jurisdictional competition and conflict with

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

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

  8  state with harmful effects on their well-being.

  9         (2)  Promote cooperation with the courts of other

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

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

12  child.

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

14  continuing controversies over child custody.

15         (4)  Deter abductions.

16         (5)  Avoid relitigating the custody decisions of other

17  states in this state.

18         (6)  Facilitate the enforcement of custody decrees of

19  other states.

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

21  other forms of mutual assistance between the courts of this

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

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

24  of this part among the states enacting it.

25         61.503  Definitions.--As used in this part, the term:

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

27  reasonable and necessary care or supervision.

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

29  18 years of age.

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

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

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  1  custody, physical custody, residential care, or visitation

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

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

  4  include an order relating to child support or other monetary

  5  obligation of an individual.

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

  7  which legal custody, physical custody, residential care or

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

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

10  dependency, guardianship, paternity, termination of parental

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

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

13  involving juvenile delinquency, contractual emancipation, or

14  enforcement under ss. 61.524-61.540.

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

16  pleading in a proceeding.

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

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

19  determination.

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

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

22  least 6 consecutive months immediately before the commencement

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

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

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

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

27  part of the period.

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

29  custody determination concerning a particular child.

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

31  custody determination for which enforcement is sought under

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  1  this part.

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

  3  custody determination is made.

  4         (11)  "Modification" means a child custody

  5  determination that changes, replaces, supersedes, or is

  6  otherwise made after a previous determination concerning the

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

  8  made the previous determination.

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

10  business trust, estate, trust, partnership, limited liability

11  company, association, joint venture, or government;

12  governmental subdivision, agency, instrumentality, or public

13  corporation; or any other legal or commercial entity.

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

15  than a parent, who:

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

17  physical custody for a period of 6 consecutive months,

18  including any temporary absence, within 1 year immediately

19  before the commencement of a child custody proceeding; and

20         (b)  Has been awarded a child-custody determination by

21  a court or claims a right to a child-custody determination

22  under the laws of this state.

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

24  supervision of a child.

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

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

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

28  jurisdiction of the United States.

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

30  Alaskan Native village that is recognized by federal law or

31  formally acknowledged by a state.

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

  2  authorizing law enforcement officers to take physical custody

  3  of a child.

  4         61.504  Proceedings governed by other law.--This part

  5  does not govern a proceeding pertaining to the authorization

  6  of emergency medical care for a child.

  7         61.505  Application to Indian tribes.--

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

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

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

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

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

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

14  61.501-61.523.

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

16  under factual circumstances in substantial conformity with the

17  jurisdictional standards of this part must be recognized and

18  enforced under ss. 61.524-61.540.

19         61.506  International application of part.--

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

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

22  purposes of applying ss. 61.501-61.523.

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

24  child custody determination made in a foreign country under

25  factual circumstances in substantial conformity with the

26  jurisdictional standards of this part must be recognized and

27  enforced under ss. 61.524-61.540.

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

29  the child custody law of a foreign country violates

30  fundamental principles of human rights.

31         61.507  Effect of child custody determination.--A child

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

  2  jurisdiction under this part binds all persons who have been

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

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

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

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

  7  determination is conclusive as to all decided issues of law

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

  9         61.508  Priority.--If a question of existence or

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

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

12  must be given priority on the calendar and handled

13  expeditiously.

14         61.509  Notice to persons outside the state.--

15         (1)  Notice required for the exercise of jurisdiction

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

17  prescribed by the laws of the state in which the service is

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

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

20  means are not effective.

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

22  prescribed by the laws of the state in which the service is

23  made.

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

25  jurisdiction with respect to a person who submits to the

26  jurisdiction of the court.

27         61.510  Appearance and limited immunity.--

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

29  modification proceeding, or a petitioner or respondent in a

30  proceeding to enforce or register a child custody

31  determination, is not subject to personal jurisdiction in this

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  1  state for another proceeding or purpose solely by reason of

  2  having participated, or of having been physically present for

  3  the purpose of participating, in the proceeding.

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

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

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

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

  8  state is not immune from service of process allowable under

  9  the laws of that state.

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

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

12  participation in a proceeding under this part which was

13  committed by an individual while present in this state.

14         61.511  Communication between courts.--

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

16  in another state concerning a proceeding arising under this

17  part.

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

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

20  the communication, they must be given the opportunity to

21  present facts and legal arguments before a decision on

22  jurisdiction is made.

23         (3)  Communication between courts on schedules,

24  calendars, court records, and similar matters may occur

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

26  the communication.

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

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

29  parties must be informed promptly of the communication and

30  granted access to the record.

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

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

  2  electronic recording or transcription by a court reporter

  3  which creates a verbatim memorialization of any communication

  4  between two or more individuals or entities.

  5         61.512  Taking testimony in another state.--

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

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

  8  testimony of witnesses who are located in another state,

  9  including testimony of the parties and the child, by

10  deposition or other means available in this state for

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

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

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

14  which the testimony is taken.

15         (2)  Upon agreement of the parties, a court of this

16  state may permit an individual residing in another state to be

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

18  other electronic means before a designated court or at another

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

20  with courts of other states in designating an appropriate

21  location for the deposition or testimony.

22         (3)  Documentary evidence transmitted from another

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

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

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

26         61.513  Cooperation between courts; preservation of

27  records.--

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

29  court of another state to:

30         (a)  Hold an evidentiary hearing;

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

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  1  pursuant to the laws of that state;

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

  3  the custody of a child involved in a pending proceeding

  4  pursuant to the laws of the state where the proceeding is

  5  pending;

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

  7  copy of the transcript of the record of the hearing, the

  8  evidence otherwise presented, and any evaluation prepared in

  9  compliance with the request; or

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

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

12  proceeding with or without the child.

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

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

15  in subsection (1).

16         (3)  Travel and other necessary and reasonable expenses

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

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

19  has personal jurisdiction over the party against whom these

20  expenses are being assessed.

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

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

23  and other pertinent records with respect to a child custody

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

25  appropriate request by a court or law enforcement official of

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

27  these records.

28         61.514  Initial child custody jurisdiction.--

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

30  of this state has jurisdiction to make an initial child

31  custody determination only if:

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

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

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

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

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

  6  state;

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

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

  9  of the child has declined to exercise jurisdiction on the

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

11  61.520 or s. 61.521, and:

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

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

14  significant connection with this state other than mere

15  physical presence; and

16         2.  Substantial evidence is available in this state

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

18  personal relationships;

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

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

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

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

23  s. 61.521; or

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

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

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

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

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

29  this state.

30         (3)  Physical presence of, or personal jurisdiction

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

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1455

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  1  make a child custody determination.

  2         61.515  Exclusive, continuing jurisdiction.--

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

  4  of this state which has made a child custody determination

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

  6  continuing jurisdiction over the determination until:

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

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

  9  not have a significant connection with this state and that

10  substantial evidence is no longer available in this state

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

12  personal relationships; or

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

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

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

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

17  custody determination and does not have exclusive, continuing

18  jurisdiction under this section may modify that determination

19  only if it has jurisdiction to make an initial determination

20  under s. 61.514.

21         61.516  Jurisdiction to modify a determination.--Except

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

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

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

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

26  61.514(1)(b) and:

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

28  longer has exclusive, continuing jurisdiction under s. 61.515

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

30  under s. 61.520; or

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

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

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

  3  other state.

  4         61.517  Temporary emergency jurisdiction.--

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

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

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

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

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

10  abuse.

11         (2)  If there is no previous child custody

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

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

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

15  a child custody determination made under this section remains

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

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

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

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

20  child custody determination made under this section becomes a

21  final determination if it so provides and this state becomes

22  the home state of the child.

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

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

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

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

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

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

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

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

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

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                                                  Bill No. HB 1455

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

  2  expires.

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

  4  a child custody determination under this section, upon being

  5  informed that a child custody proceeding has been commenced

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

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

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

  9  state which is exercising jurisdiction under ss.

10  61.514-61.516, upon being informed that a child custody

11  proceeding has been commenced in, or a child custody

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

13  a statute similar to this section shall immediately

14  communicate with the court of that state to resolve the

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

16  and determine a period for the duration of the temporary

17  order.

18         61.518  Notice; opportunity to be heard; joinder.--

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

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

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

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

23  custody proceedings between residents of this state, any

24  parent whose parental rights have not been previously

25  terminated, and any person acting as a parent.

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

27  child custody determination made without notice or an

28  opportunity to be heard.

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

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

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

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  1  custody proceedings between residents of this state.

  2         61.519  Simultaneous proceedings.--

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

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

  5  61.514-61.524 if, at the time of the commencement of the

  6  proceeding, a proceeding concerning the custody of the child

  7  had been commenced in a court of another state having

  8  jurisdiction substantially in conformity with this part,

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

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

11  more convenient forum under s. 61.520.

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

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

14  shall examine the court documents and other information

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

16  determines that a child custody proceeding was previously

17  commenced in a court in another state having jurisdiction

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

19  state shall stay its proceeding and communicate with the court

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

21  jurisdiction substantially in accordance with this part does

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

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

24  proceeding.

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

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

27  proceeding to enforce the determination has been commenced in

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

29  determination has been commenced in another state, the court

30  may:

31         (a)  Stay the proceeding for modification pending the

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

  2  staying, denying, or dismissing the proceeding for

  3  enforcement;

  4         (b)  Enjoin the parties from continuing with the

  5  proceeding for enforcement; or

  6         (c)  Proceed with the modification under conditions it

  7  considers appropriate.

  8         61.520  Inconvenient forum.--

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

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

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

12  is an inconvenient forum under the circumstances and that a

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

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

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

16         (2)  Before determining whether it is an inconvenient

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

18  appropriate for a court of another state to exercise

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

20  parties to submit information and shall consider all relevant

21  factors, including:

22         (a)  Whether domestic violence has occurred and is

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

24  protect the parties and the child;

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

26  this state;

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

28  the court in the state that would assume jurisdiction;

29         (d)  The relative financial circumstances of the

30  parties;

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

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  1  should assume jurisdiction;

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

  3  to resolve the pending litigation, including testimony of the

  4  child;

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

  6  the issue expeditiously and the procedures necessary to

  7  present the evidence; and

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

  9  the facts and issues in the pending litigation.

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

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

12  appropriate forum, it shall stay the proceedings upon

13  condition that a child custody proceeding be promptly

14  commenced in another designated state and may impose any other

15  condition the court considers just and proper.

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

17  jurisdiction under this part if a child custody determination

18  is incidental to an action for divorce or another proceeding

19  while still retaining jurisdiction over the divorce or other

20  proceeding.

21         61.521  Jurisdiction declined by reason of conduct.--

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

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

24  jurisdiction under this part because a person seeking to

25  invoke its jurisdiction has engaged in unjustifiable conduct,

26  the court shall decline to exercise its jurisdiction unless:

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

28  acquiesced in the exercise of jurisdiction;

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

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

31  appropriate forum under s. 61.520; or

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

  2  jurisdiction under the criteria specified in ss.

  3  61.514-61.516.

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

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

  6  appropriate remedy to ensure the safety of the child and

  7  prevent a repetition of the unjustifiable conduct, including

  8  staying the proceeding until a child custody proceeding is

  9  commenced in a court having jurisdiction under ss.

10  61.514-61.516.

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

12  proceeding because it declines to exercise its jurisdiction

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

14  seeking to invoke its jurisdiction necessary and reasonable

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

16  fees, investigative fees, expenses for witnesses, travel

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

18  proceedings, unless the party from whom fees are sought

19  establishes that the assessment would be clearly

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

21  expenses against this state unless authorized by law other

22  than this part.

23         61.522  Information to be submitted to the court.--

24         (1)  Subject to Florida law providing for the

25  confidentiality of procedures, addresses, and other

26  identifying information in a child custody proceeding, each

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

28  shall give information, if reasonably ascertainable, under

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

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

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

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                                                  Bill No. HB 1455

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

  2  must state whether the party:

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

  4  other capacity, in any other proceeding concerning the custody

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

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

  7  determination, if any;

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

  9  current proceeding, including proceedings for enforcement and

10  proceedings relating to domestic violence, protective orders,

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

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

13  proceeding; and

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

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

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

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

18  of those persons.

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

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

21  motion, may stay the proceeding until the information is

22  furnished.

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

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

25  declarant shall give additional information under oath as

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

27  oath as to details of the information furnished and other

28  matters pertinent to the court's jurisdiction and the

29  disposition of the case.

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

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

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  1  affect the current proceeding.

  2         61.523  Appearance of parties and child.--

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

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

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

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

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

  8  person with the child.

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

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

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

12  include a statement directing the party to appear in person

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

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

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

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

17  under this section.

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

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

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

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

22  reasonable and necessary travel and other expenses of the

23  party so appearing and of the child.

24         61.524  Definitions.--As used in ss. 61.524-61.540, the

25  term:

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

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

28  on the Civil Aspects of International Child Abduction or

29  enforcement of a child custody determination.

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

31  proceeding has been commenced for enforcement of an order for

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1455

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

  2  Aspects of International Child Abduction or enforcement of a

  3  child custody determination.

  4         61.525  Enforcement under the Hague Convention.--Under

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

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

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

  8  custody determination.

  9         61.526  Duty to enforce.--

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

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

12  the latter court exercised jurisdiction in substantial

13  conformity with this part or the determination was made under

14  factual circumstances meeting the jurisdictional standards of

15  this part and the determination has not been modified in

16  accordance with this part.

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

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

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

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

21  the availability of other remedies to enforce a child custody

22  determination.

23         61.527  Temporary visitation.--

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

25  jurisdiction to modify a child custody determination may issue

26  a temporary order enforcing:

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

28  state; or

29         (b)  The visitation provisions of a child custody

30  determination of another state which does not provide for a

31  specific visitation schedule.

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

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

  3  it considers adequate to allow the petitioner to obtain an

  4  order from a court having jurisdiction under the criteria

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

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

  7  expires.

  8         61.528  Registration of child custody determination.--

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

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

11  a simultaneous request for enforcement, by sending to the

12  circuit court of the county where the petitioner or respondent

13  resides or where a simultaneous request for enforcement is

14  sought:

15         (a)  A letter or other document requesting

16  registration;

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

18  determination sought to be registered and a statement under

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

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

21  been modified; and

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

23  name and address of the person seeking registration and any

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

25  custody or visitation in the child custody determination

26  sought to be registered.

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

28  (1), the registering court shall:

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

30  judgment, together with one copy of any accompanying documents

31  and information, regardless of their form; and

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

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

  3  contest the registration in accordance with this section.

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

  5  that:

  6         (a)  A registered determination is enforceable as of

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

  8  determination issued by a court of this state;

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

10  registered determination must be requested within 20 days

11  after service of notice; and

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

13  confirmation of the child custody determination and preclude

14  further contest of that determination with respect to any

15  matter that could have been asserted.

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

17  registered order must request a hearing within 20 days after

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

19  confirm the registered order unless the person contesting

20  registration establishes that:

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

22  ss. 61.514-61.523;

23         (b)  The child custody determination sought to be

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

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

26         (c)  The person contesting registration was entitled to

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

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

29  that issued the order for which registration is sought.

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

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

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  1  confirmed as a matter of law and the person requesting

  2  registration and all persons served must be notified of the

  3  confirmation.

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

  5  operation of law or after notice and hearing, precludes

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

  7  could have been asserted at the time of registration.

  8         61.529  Enforcement of registered determination.--

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

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

11  registered child custody determination made by a court of

12  another state.

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

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

15  61.514-61.523, a registered child custody determination of

16  another state.

17         61.530  Simultaneous proceedings.--If a proceeding for

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

19  this state and the court determines that a proceeding to

20  modify the determination is pending in a court of another

21  state having jurisdiction to modify the determination under

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

23  communicate with the modifying court. The proceeding for

24  enforcement continues unless the enforcing court, after

25  consultation with the modifying court, stays or dismisses the

26  proceeding.

27         61.531  Expedited enforcement of child custody

28  determination.--

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

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

31  and of any order confirming registration must be attached to

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

  2  attached instead of the original.

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

  4  determination must state:

  5         (a)  Whether the court that issued the determination

  6  identified the jurisdictional basis it relied upon in

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

  8         (b)  Whether the determination for which enforcement is

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

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

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

12         (c)  Whether any proceeding has been commenced that

13  could affect the current proceeding, including proceedings

14  relating to domestic violence, protective orders, termination

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

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

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

18  respondent, if known;

19         (e)  Whether relief in addition to the immediate

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

21  including a request for assistance from law enforcement

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

23         (f)  If the child custody determination has been

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

25  of registration.

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

27  issue an order directing the respondent to appear in person

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

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

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

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

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

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

  3  the request of the petitioner.

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

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

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

  7  may take immediate physical custody of the child and the

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

  9  schedule a hearing to determine whether further relief is

10  appropriate, unless the respondent appears and establishes

11  that:

12         (a)  The child custody determination has not been

13  registered and confirmed under s. 61.528 and that:

14         1.  The issuing court did not have jurisdiction under

15  ss. 61.514-61.523;

16         2.  The child custody determination for which

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

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

19  61.514-61.523; or

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

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

22  the proceedings before the court that issued the order for

23  which enforcement is sought; or

24         (b)  The child custody determination for which

25  enforcement is sought was registered and confirmed under s.

26  61.528, but has been vacated, stayed, or modified by a court

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

28  61.514-61.523.

29         61.532  Service of petition and order.--Except as

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

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

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

  2  the child.

  3         61.533  Hearing and order.--

  4         (1)  Unless the court enters a temporary emergency

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

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

  7  shall order that the petitioner may take immediate physical

  8  custody of the child unless the respondent establishes that:

  9         (a)  The child custody determination has not been

10  registered and confirmed under s. 61.528 and that:

11         1.  The issuing court did not have jurisdiction under

12  ss. 61.514-61.523;

13         2.  The child custody determination for which

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

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

16  61.514-61.523; or

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

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

19  the proceedings before the court that issued the order for

20  which enforcement is sought; or

21         (b)  The child custody determination for which

22  enforcement is sought was registered and confirmed under s.

23  61.528, but has been vacated, stayed, or modified by a court

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

25  61.514-61.523.

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

27  expenses authorized under s. 61.535 and may grant additional

28  relief, including a request for the assistance of law

29  enforcement officers, and set a further hearing to determine

30  whether additional relief is appropriate.

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

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

  2  court may draw an adverse inference from the refusal.

  3         (4)  A privilege against disclosure of communications

  4  between spouses and a defense of immunity based on the

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

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

  7         61.534  Warrant to take physical custody of child.--

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

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

10  verified application for the issuance of a warrant to take

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

12  imminently suffer serious physical harm or removal from this

13  state.

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

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

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

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

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

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

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

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

22  statements required by s. 61.531(2).

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

24  must:

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

26  imminent serious physical harm or removal from the

27  jurisdiction is based;

28         (b)  Direct law enforcement officers to take physical

29  custody of the child immediately; and

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

31  final relief.

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

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

  3  physical custody.

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

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

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

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

  8  enforcement officers to enter private property to take

  9  physical custody of the child. If required by exigent

10  circumstances of the case, the court may authorize law

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

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

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

14  custodian.

15         61.535  Costs, fees, and expenses.--

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

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

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

19  necessary and reasonable expenses incurred by or on behalf of

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

21  fees, investigative fees, expenses for witnesses, travel

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

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

24  sought establishes that the award would be clearly

25  inappropriate.

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

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

28         61.536  Recognition and enforcement.--A court of this

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

30  another state and consistent with this part which enforces a

31  child custody determination by a court of another state unless

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

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

  3         61.537  Appeals.--An appeal may be taken from a final

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

  5  with expedited appellate procedures in other civil cases.

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

  7  61.517, the enforcing court may not stay an order enforcing a

  8  child custody determination pending appeal.

  9         61.538  Role of state attorney.--

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

11  Hague Convention on the Civil Aspects of International Child

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

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

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

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

16  determination, if there is:

17         (a)  An existing child custody determination;

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

19  custody proceeding;

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

21  been violated; or

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

23  wrongfully removed or retained in violation of the Hague

24  Convention on the Civil Aspects of International Child

25  Abduction.

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

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

28         61.539  Role of law enforcement officers.--At the

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

30  enforcement officer may take any lawful action reasonably

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

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  1  attorney with responsibilities under s. 61.538.

  2         61.540  Costs and expenses.--The court may assess

  3  against the nonprevailing party all direct expenses and costs

  4  incurred by the state attorney and law enforcement officers

  5  under s. 61.538 or s. 61.539 so long as the court has personal

  6  jurisdiction over the nonprevailing party.

  7         61.541  Application and construction.--In applying and

  8  construing this part, consideration must be given to the need

  9  to promote uniformity of the law with respect to its subject

10  matter among states that enact it.

11         61.542  Transitional provision.--A motion or other

12  request for relief made in a child custody proceeding or to

13  enforce a child custody determination that was commenced

14  before the effective date of this part is governed by the law

15  in effect at the time the motion or other request was made.

16         Section 23.  Subsection (7) of section 63.052, Florida

17  Statutes, is amended to read:

18         63.052  Guardians designated; proof of commitment.--

19         (7)  The court retains jurisdiction of a minor who has

20  been placed for adoption until the adoption is final. After a

21  minor is placed with an adoption entity or prospective

22  adoptive parent, the court may review the status of the minor

23  and the progress toward permanent adoptive placement. As part

24  of this continuing jurisdiction, for good cause shown by a

25  person whose consent to an adoption is required under s.

26  63.062, the adoption entity, the parents, persons having legal

27  custody of the minor, persons with custodial or visitation

28  rights to the minor, persons entitled to notice pursuant to

29  the Uniform Child Custody Jurisdiction and Enforcement Act or

30  the Indian Child Welfare Act, or upon the court's own motion,

31  the court may review the appropriateness of the adoptive

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                                                   HOUSE AMENDMENT

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  1  placement of the minor.

  2         Section 24.  Paragraph (f) of subsection (6) of section

  3  63.087, Florida Statutes, is amended to read:

  4         63.087  Proceeding to terminate parental rights pending

  5  adoption; general provisions.--

  6         (6)  PETITION.--

  7         (f)  The petition must include:

  8         1.  The minor's name, gender, date of birth, and place

  9  of birth. The petition must contain all names by which the

10  minor is or has been known, excluding the minor's prospective

11  adoptive name but including the minor's legal name at the time

12  of the filing of the petition, to allow interested parties to

13  the action, including parents, persons having legal custody of

14  the minor, persons with custodial or visitation rights to the

15  minor, and persons entitled to notice pursuant to the Uniform

16  Child Custody Jurisdiction and Enforcement Act or the Indian

17  Child Welfare Act, to identify their own interest in the

18  action.

19         2.  If the petition is filed before the day the minor

20  is 6 months old and if the identity or location of the father

21  is unknown, each city in which the mother resided or traveled,

22  in which conception may have occurred, during the 12 months

23  before the minor's birth, including the county and state in

24  which that city is located.

25         3.  Unless a consent to adoption or affidavit of

26  nonpaternity executed by each person whose consent is required

27  under s. 63.062 is attached to the petition, the name and the

28  city of residence, including the county and state in which

29  that city is located, of:

30         a.  The minor's mother;

31         b.  Any man who the mother reasonably believes may be

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  1  the minor's father; and

  2         c.  Any person who has legal custody, as defined in s.

  3  39.01, of the minor.

  4

  5  If a required name or address is not known, the petition must

  6  so state.

  7         4.  All information required by the Uniform Child

  8  Custody Jurisdiction and Enforcement Act and the Indian Child

  9  Welfare Act.

10         5.  A statement of the grounds under s. 63.089 upon

11  which the petition is based.

12         6.  The name, address, and telephone number of any

13  adoption entity seeking to place the minor for adoption.

14         7.  The name, address, and telephone number of the

15  division of the circuit court in which the petition is to be

16  filed.

17         8.  A certification of compliance with the requirements

18  of s. 63.0425 regarding notice to grandparents of an impending

19  adoption.

20         Section 25.  Subsection (2) of section 63.102, Florida

21  Statutes, is amended to read:

22         63.102  Filing of petition for adoption or declaratory

23  statement; venue; proceeding for approval of fees and costs.--

24         (2)  A petition for adoption or for a declaratory

25  statement as to the adoption contract shall be filed in the

26  county where the petition for termination of parental rights

27  was granted, unless the court, in accordance with s. 47.122,

28  changes the venue to the county where the petitioner or

29  petitioners or the minor resides or where the adoption entity

30  with which the minor has been placed is located. The circuit

31  court in this state must retain jurisdiction over the matter

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  1  until a final judgment is entered on the adoption. The Uniform

  2  Child Custody Jurisdiction and Enforcement Act does not apply

  3  until a final judgment is entered on the adoption.

  4         Section 26.  Section 741.24, Florida Statutes, is

  5  transferred and renumbered as section 772.115, Florida

  6  Statutes.

  7         Section 27.  Section 741.28, Florida Statutes, is

  8  amended to read:

  9         741.28  Domestic violence; definitions.--As used in ss.

10  741.28-741.31, the term:

11         (1)  "Department" means the Florida Department of Law

12  Enforcement.

13         (2)(1)  "Domestic violence" means any assault,

14  aggravated assault, battery, aggravated battery, sexual

15  assault, sexual battery, stalking, aggravated stalking,

16  kidnapping, false imprisonment, or any criminal offense

17  resulting in physical injury or death of one family or

18  household member by another who is or was residing in the same

19  single dwelling unit.

20         (3)(2)  "Family or household member" means spouses,

21  former spouses, persons related by blood or marriage, persons

22  who are presently residing together as if a family or who have

23  resided together in the past as if a family, and persons who

24  are parents of have a child in common regardless of whether

25  they have been married or have resided together at any time.

26  With the exception of persons who are parents of a child in

27  common, the family or household members must be currently

28  residing or have in the past resided together in the same

29  single dwelling unit.

30         (3)  "Department" means the Florida Department of Law

31  Enforcement.

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  1         (4)  "Law enforcement officer" means any person who is

  2  elected, appointed, or employed by any municipality or the

  3  state or any political subdivision thereof who meets the

  4  minimum qualifications established in s. 943.13 and is

  5  certified as a law enforcement officer under s. 943.1395.

  6         Section 28.  Paragraph (d) of subsection (3),

  7  subsection (4), paragraph (a) of subsection (5), paragraph (a)

  8  of subsection (6), and paragraph (a) of subsection (7) of

  9  section 741.30, Florida Statutes, are amended to read:

10         741.30  Domestic violence; injunction; powers and

11  duties of court and clerk; petition; notice and hearing;

12  temporary injunction; issuance of injunction; statewide

13  verification system; enforcement.--

14         (3)

15         (d)  If the sworn petition seeks to determine issues of

16  custody or visitation with regard to the minor child or

17  children of the parties, the sworn petition shall be

18  accompanied by or shall incorporate the allegations required

19  by s. 61.522 s. 61.132 of the Uniform Child Custody

20  Jurisdiction and Enforcement Act.

21         (4)  Upon the filing of the petition, the court shall

22  set a hearing to be held at the earliest possible time. The

23  respondent shall be personally served with a copy of the

24  petition, financial affidavit, affidavit required under the

25  Uniform Child Custody Jurisdiction and Enforcement Act

26  affidavit, if any, notice of hearing, and temporary

27  injunction, if any, prior to the hearing.

28         (5)(a)  When it appears to the court that an immediate

29  and present danger of domestic violence exists, the court may

30  grant a temporary injunction ex parte, pending a full hearing,

31  and may grant such relief as the court deems proper, including

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  1  an injunction:

  2         1.  Restraining the respondent from committing any acts

  3  of domestic violence.

  4         2.  Awarding to the petitioner the temporary exclusive

  5  use and possession of the dwelling that the parties share or

  6  excluding the respondent from the residence of the petitioner.

  7         3.  On the same basis as provided in s. 61.13 s.

  8  61.13(2), (3), (4), and (5), granting to the petitioner

  9  temporary custody of a minor child or children. An order of

10  temporary custody remains in effect until the order expires or

11  a permanent order is entered by a court of competent

12  jurisdiction in a pending or subsequent civil action or

13  proceeding affecting the placement of, access to, parental

14  time with, or parental responsibility for the minor child.

15         (6)(a)  Upon notice and hearing, the court may grant

16  such relief as the court deems proper, including an

17  injunction:

18         1.  Restraining the respondent from committing any acts

19  of domestic violence.

20         2.  Awarding to the petitioner the exclusive use and

21  possession of the dwelling that the parties share or excluding

22  the respondent from the residence of the petitioner.

23         3.  On the same basis as provided in chapter 61,

24  awarding temporary custody of, or temporary visitation rights

25  with regard to, a minor child or children of the parties. An

26  order of temporary custody or visitation remains in effect

27  until the order expires or a permanent order is entered by a

28  court of competent jurisdiction in a pending or subsequent

29  civil action or proceeding affecting the placement of, access

30  to, parental time with, or parental responsibility for the

31  minor child.

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  1         4.  On the same basis as provided in chapter 61,

  2  establishing temporary support for a minor child or children

  3  or the petitioner. An order of temporary support remains in

  4  effect until the order expires or a permanent order is entered

  5  by a court of competent jurisdiction in a pending or

  6  subsequent civil action or proceeding affecting child support.

  7         5.  Ordering the respondent to participate in

  8  treatment, intervention, or counseling services to be paid for

  9  by the respondent. When the court orders the respondent to

10  participate in a batterers' intervention program, the court,

11  or any entity designated by the court, must provide the

12  respondent with a list of all certified batterers'

13  intervention programs and all programs which have submitted an

14  application to the Department of Corrections to become

15  certified under s. 741.325, from which the respondent must

16  choose a program in which to participate. If there are no

17  certified batterers' intervention programs in the circuit, the

18  court shall provide a list of acceptable programs from which

19  the respondent must choose a program in which to participate.

20         6.  Referring a petitioner to a certified domestic

21  violence center. The court must provide the petitioner with a

22  list of certified domestic violence centers in the circuit

23  which the petitioner may contact.

24         7.  Ordering such other relief as the court deems

25  necessary for the protection of a victim of domestic violence,

26  including injunctions or directives to law enforcement

27  agencies, as provided in this section.

28         (7)(a)1.  The clerk of the court shall furnish a copy

29  of the petition, financial affidavit, uniform child custody

30  jurisdiction and enforcement act affidavit, if any, notice of

31  hearing, and temporary injunction, if any, to the sheriff or a

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  1  law enforcement agency of the county where the respondent

  2  resides or can be found, who shall serve it upon the

  3  respondent as soon thereafter as possible on any day of the

  4  week and at any time of the day or night. The clerk of the

  5  court shall be responsible for furnishing to the sheriff such

  6  information on the respondent's physical description and

  7  location as is required by the department to comply with the

  8  verification procedures set forth in this section.

  9  Notwithstanding any other provision of law to the contrary,

10  the chief judge of each circuit, in consultation with the

11  appropriate sheriff, may authorize a law enforcement agency

12  within the jurisdiction to effect service. A law enforcement

13  agency serving injunctions pursuant to this section shall use

14  service and verification procedures consistent with those of

15  the sheriff.

16         2.  When an injunction is issued, if the petitioner

17  requests the assistance of a law enforcement agency, the court

18  may order that an officer from the appropriate law enforcement

19  agency accompany the petitioner and assist in placing the

20  petitioner in possession of the dwelling or residence, or

21  otherwise assist in the execution or service of the

22  injunction. A law enforcement officer shall accept a copy of

23  an injunction for protection against domestic violence,

24  certified by the clerk of the court, from the petitioner and

25  immediately serve it upon a respondent who has been located

26  but not yet served.

27         3.  All orders issued, changed, continued, extended, or

28  vacated subsequent to the original service of documents

29  enumerated under subparagraph 1., shall be certified by the

30  clerk of the court and delivered to the parties at the time of

31  the entry of the order.  The parties may acknowledge receipt

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  1  of such order in writing on the face of the original order.

  2  In the event a party fails or refuses to acknowledge the

  3  receipt of a certified copy of an order, the clerk shall note

  4  on the original order that service was effected.  If delivery

  5  at the hearing is not possible, the clerk shall mail certified

  6  copies of the order to the parties at the last known address

  7  of each party.  Service by mail is complete upon mailing.

  8  When an order is served pursuant to this subsection, the clerk

  9  shall prepare a written certification to be placed in the

10  court file specifying the time, date, and method of service

11  and shall notify the sheriff.

12

13  If the respondent has been served previously with the

14  temporary injunction and has failed to appear at the initial

15  hearing on the temporary injunction, any subsequent petition

16  for injunction seeking an extension of time may be served on

17  the respondent by the clerk of the court by certified mail in

18  lieu of personal service by a law enforcement officer.

19         Section 29.  Sections 753.001, 753.002, and 753.004,

20  Florida Statutes, are repealed.

21         Section 30.  Sections 753.01, 753.02, 753.03, 753.04,

22  753.05, 753.06, 753.07, 753.08, and 753.09, Florida Statutes,

23  are created to read:

24         753.01  Supervised visitation programs; legislative

25  findings and intent.--The Legislature finds that there are

26  children in this state who have been adjudicated dependent by

27  the court and, as a result, are ordered into out-of-home

28  placements. The Legislature further finds that a large number

29  of children experience the separation or divorce of their

30  parents and that some of these children have been determined

31  by the court to be at risk or are potentially at risk for

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  1  physical, emotional, or sexual abuse; parental abduction;

  2  domestic violence; or other harm as a result of parental

  3  impairment due to substance abuse or other conditions. The

  4  Legislature also finds that exposing children to the parents'

  5  continuing conflicts is detrimental to the children. The

  6  Legislature recognizes the importance of maintaining contact

  7  between children and their nonresidential parents while

  8  ensuring the safety of those children from further or

  9  potential abuse, danger, or flight. The Legislature further

10  recognizes the importance of minimizing the circumstances in

11  which children are exposed to the parents' anger and disputes.

12  Supervised visitation programs provide a critically needed

13  service in offering children and nonresidential parents the

14  opportunity to maintain a relationship in a safe environment

15  and facilitating safe contact between perpetrators of domestic

16  violence and their children. By recognizing the necessity of

17  ensuring the safety of children, parents, and staff in child

18  visitations and exchanges and offering a quality service that

19  meets the multiple visitation and exchange needs of families,

20  parents, and courts, the Legislature intends, subject to

21  available funding, to provide for uniform standards,

22  strengthened security, training, and certification of the

23  supervised visitation programs in this state.

24         753.02  Definitions.--As used in this chapter, the

25  term:

26         (1)  "Client" means the residential parent,

27  nonresidential parent, caregiver, or child receiving services

28  under a supervised visitation program.

29         (2)  "Supervised exchange" means the supervision of the

30  movement of the child from the residential parent to the

31  nonresidential parent at the start of the visitation, and from

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  1  the nonresidential parent back to the residential parent at

  2  the end of the visitation.

  3         (3)  "Supervised visitation" means the contact between

  4  a nonresidential parent and child which occurs in the presence

  5  of an independent third party.

  6         (4)  "Supervised visitation program" means a program

  7  created to offer safe and structured supervised visitation and

  8  supervised exchange.

  9         753.03  Comprehensive standards for supervised

10  visitation programs.--

11         (1)  Standards shall be developed, pursuant to s.

12  753.09, for certifying supervised visitation programs in this

13  state to ensure the safety and quality of the program. These

14  standards are intended to provide a uniform set of guidelines

15  that will be used by all supervised visitation programs and be

16  required by the courts, the Department of Children and Family

17  Services, and other entities that refer families for

18  supervised visitation and supervised exchange services. The

19  standards developed must be comprehensive and address the

20  purpose, policies, standards of practice, program content,

21  security measures, qualifications of providers, training,

22  credentials of staff, information to be provided to the court

23  and by the court, data collection, and procedures for

24  supervised visitation programs.

25         (2)  These standards will form the basis for

26  certification of supervised visitation programs.

27         (3)  Before implementing a certification process, each

28  supervised visitation program is encouraged to voluntarily

29  comply with the comprehensive standards developed under s.

30  753.09.

31         753.04  Certification and monitoring of supervised

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  1  visitation programs.--

  2         (1)  A process for certifying and monitoring the

  3  initial and ongoing compliance of a supervised visitation

  4  program with comprehensive standards developed under s. 753.09

  5  shall be phased in, contingent upon the allocation and

  6  availability of funds. The first phase of the certification

  7  process must emphasize compliance with the standards relating

  8  to security.

  9         (2)  Once the certification process is fully

10  implemented, a supervised visitation program must be certified

11  in order to receive state or federal funds. A program must be

12  certified in order to be a program to which the court may

13  order parties for supervised visitation or supervised exchange

14  services.

15         753.05  Interim minimum standards for supervised

16  visitation programs.--

17         (1)  Until the comprehensive standards for supervised

18  visitation programs are developed under s. 753.03 and a

19  certification and monitoring process implemented, each

20  supervised visitation program must comply with the "Minimum

21  Standards for Supervised Visitation Programs Agreements"

22  adopted by the Supreme Court as an administrative order on

23  November 18, 1999. Pursuant to this order, each supervised

24  visitation program shall enter into an agreement with the

25  circuit court within that geographic jurisdiction attesting to

26  the program's willingness to comply with the standards.

27         (2)  Until the comprehensive standards for supervised

28  visitation programs are developed and a certification and

29  monitoring process implemented, a supervised visitation

30  program may not receive grant funds for access and visitation

31  under 42 U.S.C. s. 669b unless the program provides to the

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  1  state agency responsible for administering the grant

  2  documentation verifying that the program has entered into an

  3  agreement with the circuit court as required under subsection

  4  (1). This subsection does not obligate the state agency

  5  responsible for administering the grant to certify compliance

  6  with the "Minimum Standards for Supervised Visitation Programs

  7  Agreements."

  8         753.06  Security in supervised visitation programs.--

  9         (1)  Due to the volatile nature of the client

10  relationships that created the need for supervised visitation

11  and supervised exchange services, the security of each

12  supervised visitation program is a paramount element of the

13  program. Therefore, the safety of the clients and program

14  staff shall be intrinsic in all aspects of the standards,

15  emphasized in all training, and a precondition of the

16  certification of a program.

17         (2)  Each supervised visitation program is encouraged

18  to collaborate with local law enforcement agencies to

19  facilitate volunteerism by law enforcement officers at

20  supervised visitation programs using such mechanisms as those

21  provided under ss. 943.254 and 943.135(2) and using

22  administrative leave permitted for state employees who

23  participate in community service programs.

24         753.07  Training for supervised visitation

25  programs.--Contingent upon the allocation or availability of

26  funding, the Clearinghouse on Supervised Visitation shall

27  develop, maintain, and update competency-based training

28  materials for supervised visitation which are appropriate to

29  meet the training needs of program staff. The Clearinghouse on

30  Supervised Visitation shall also provide training to staff of

31  the supervised visitation programs and track staff who meet

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  1  training requirements, to the extent permitted by available

  2  funding.

  3         753.08  Supervised visitation programs; data

  4  collection.--Contingent upon the allocation or availability of

  5  funding, the Clearinghouse on Supervised Visitation shall

  6  develop and implement a mechanism for collecting data on

  7  supervised visitation and supervised exchange services

  8  provided in this state. The Clearinghouse on Supervised

  9  Visitation shall collaborate with the state chapter of the

10  Supervised Visitation Network in determining the necessary

11  data to be collected and developing the data-collection

12  mechanism to ensure the viability and reasonableness of the

13  data requirements. Each supervised visitation program shall

14  maintain and submit the identified data to the Clearinghouse

15  on Supervised Visitation. The Clearinghouse on Supervised

16  Visitation shall maintain these data and annually compile the

17  information and make it available to the President of the

18  Senate, the Speaker of the House of Representatives, the

19  courts, the Chief Justice of the Supreme Court, the Department

20  of Children and Family Services, and any other organization

21  represented on the advisory board provided for in s. 753.09.

22         753.09  Development of standards and a certification

23  process.--

24         (1)  The Clearinghouse on Supervised Visitation within

25  the Institute for Family Violence Studies of the Florida State

26  University School of Social Work shall develop the standards

27  for the supervised visitation program. The Clearinghouse on

28  Supervised Visitation shall use an advisory board to assist in

29  developing the standards. The advisory board must include:

30         (a)  Two members of the executive board of the state

31  chapter of the Supervised Visitation Network, appointed by the

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  1  president of the state chapter of the Supervised Visitation

  2  Network.

  3         (b)  A representative from the Office of the State

  4  Courts Administrator, appointed by the State Courts

  5  Administrator.

  6         (c)  A representative from the Department of Children

  7  and Family Services, appointed by the Secretary.

  8         (d)  A representative from the Florida Coalition

  9  Against Domestic Violence, appointed by the executive director

10  of the Florida Coalition Against Domestic Violence.

11         (e)  A representative from a state law enforcement

12  agency, appointed by the executive director of the Florida

13  Sheriffs Association.

14         (f)  A family law judge, appointed by the Chief Justice

15  of the Supreme Court.

16         (g)  Two representatives of supervised visitation

17  programs, appointed by the director of the clearinghouse.

18         (h)  A representative from the Junior League, selected

19  by the State Board of the Junior League.

20         (i)  A representative from the Commission on

21  Responsible Fatherhood.

22         (2)  The Clearinghouse on Supervised Visitation, with

23  consultation from the advisory board, shall also develop

24  criteria for approving or rejecting certification of a

25  supervised visitation program, a process for phasing in the

26  standards and certification process, and a recommendation for

27  the state entity that should be charged with certifying and

28  monitoring supervised visitation programs.

29         (3)  The Clearinghouse on Supervised Visitation shall

30  submit a report to the President of the Senate, the Speaker of

31  the House of Representatives, and the Chief Justice of the

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  1  Supreme Court by December 31, 2003. The standards for

  2  supervised visitation programs and criteria for the

  3  certification process shall be adopted by rule by the state

  4  entity identified by the Legislature to be responsible for the

  5  certification and monitoring process.

  6         Section 31.  Paragraph (b) of subsection (6) of section

  7  787.03, Florida Statutes, is amended to read:

  8         787.03  Interference with custody.--

  9         (6)

10         (b)  In order to gain the exemption conferred by

11  paragraph (a), a person who takes a child pursuant to this

12  subsection must:

13         1.  Within 10 days after taking the child, make a

14  report to the sheriff's office or state attorney's office for

15  the county in which the child resided at the time he or she

16  was taken, which report must include the name of the person

17  taking the child, the current address and telephone number of

18  the person and child, and the reasons the child was taken.

19         2.  Within a reasonable time after taking the child,

20  commence a custody proceeding that is consistent with the

21  federal Parental Kidnapping Prevention Act, 28 U.S.C. s.

22  1738A, or the Uniform Child Custody Jurisdiction and

23  Enforcement Act, ss. 61.501-61.542 ss. 61.1302-61.1348.

24         3.  Inform the sheriff's office or state attorney's

25  office for the county in which the child resided at the time

26  he or she was taken of any change of address or telephone

27  number of the person and child.

28         Section 32.  Present subsections (2), (3), and (4) of

29  section 943.135, Florida Statutes, are redesignated as

30  subsections (3), (4), and (5), respectively, and a new

31  subsection (2) is added to that section, to read:

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  1         943.135  Requirements for continued employment.--

  2         (2)  The commission shall permit an employing agency to

  3  allow an officer to meet up to 3 hours of the 40 hours of

  4  required continuing education and training by volunteering at

  5  a community-based, not-for-profit organization that serves

  6  children or families who have experienced or are at risk for

  7  child abuse or domestic violence, including, but not limited

  8  to, a supervised visitation program as provided for in chapter

  9  753. This special population poses complex challenges to law

10  enforcement officers. Continuing education and training

11  through community service provides a unique learning

12  opportunity for officers to understand the special needs of

13  this group of constituents, build community relations, and

14  provide a visible presence of law enforcement officers in the

15  community. Volunteer time applied as continuing education and

16  training under this subsection may include time spent in

17  providing security services but does not substitute for the

18  continuing education in domestic violence required under s.

19  943.1701.

20         Section 33.  Subsection (2) of section 943.171, Florida

21  Statutes, is amended to read:

22         943.171  Basic skills training in handling domestic

23  violence cases.--

24         (2)  As used in this section, the term:

25         (a)  "Domestic violence" has the same meaning ascribed

26  in s. 741.28 means any assault, battery, sexual assault,

27  sexual battery, or any criminal offense resulting in the

28  physical injury or death of one family or household member by

29  another who is or was residing in the same single dwelling

30  unit.

31         (b)  "Household member" has the same meaning ascribed

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  1  in s. 741.28 means spouse, former spouse, persons related by

  2  blood or marriage, persons who are presently residing

  3  together, as if a family, or who have resided together in the

  4  past, as if a family, and persons who have a child in common

  5  regardless of whether they have been married or have resided

  6  together at any time.

  7         Section 34.  Section 943.254, Florida Statutes, is

  8  created to read:

  9         943.254  Volunteer work by law enforcement officers.--

10         (1)  An employing agency may operate or administer a

11  program for law enforcement officers to provide volunteer

12  security services during off-duty hours at a community-based,

13  not-for-profit program that serves children or families who

14  have experienced or are at risk for child abuse or domestic

15  violence and that presents a potential danger to staff or

16  clients. A community-based, not-for-profit program may

17  include, but need not be limited to, a supervised visitation

18  program administered under chapter 753.

19         (2)  Any community-based, not-for-profit program at

20  which a law enforcement officer volunteers is responsible for

21  the acts or omissions of the law enforcement officer while

22  performing services for that program off duty. However, for

23  purposes of coverage under the Workers' Compensation Law, a

24  law enforcement officer who volunteers, as provided in this

25  section, and who meets the provisions of s. 440.091 shall be

26  considered to have been acting within the course of

27  employment, pursuant to s. 440.091.

28         (3)  A law enforcement officer who volunteers during

29  off-duty hours as provided in this section is exempt from the

30  licensure requirements of chapter 493 for persons who provide

31  security or investigative services.

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  1         Section 35.  (1)  The Department of Revenue and the

  2  Office of State Courts Administrator may pursue authorization

  3  to use funds provided under Title IV-D of the Social Security

  4  Act, 42 U.S.C. ss. 651 et seq., for mediation services.

  5         (2)  The sum of $______ is appropriated from the

  6  General Revenue Fund to the Office of State Courts

  7  Administrator to conduct the necessary time and staffing

  8  studies to develop the cost-allocation plan required for funds

  9  provided under Title IV-D. This appropriation may not be

10  released until the Office of Child Support Enforcement of the

11  United States Department of Health and Human Services provides

12  tentative approval of the proposed cost-allocation plan

13  requiring a time and staffing study.

14         Section 36.  (1)  The Legislature finds that underlying

15  problems experienced by many families often form the basis for

16  their interaction with the judicial system. Assisting families

17  with these underlying problems will enhance their functioning

18  and their ability to constructively resolve their disputes and

19  should also result in more effective court resolution of

20  family cases and minimize future court intervention.

21  Therefore, it is the intent of the Legislature that the

22  circuit courts and social service agencies collaborate to

23  assist families with the circumstances and problems that are

24  contributing to their legal issues and need for judicial

25  intervention.

26         (2)  The Legislature requests that the chief judge of

27  each circuit court initiate, develop, and maintain a

28  collaboration initiative between the circuit court and the

29  social service agencies in the community to address the

30  interrelated legal and nonlegal problems of children and

31  families involved in the court system in order to improve the

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  1  families' functioning and reduce their need for judicial

  2  intervention. This collaboration initiative should include, at

  3  the discretion of the chief judge, a broad cross-section of

  4  the social service agencies in the community that assist

  5  children or members of their families with any basic need or

  6  functional problem that, if not addressed, could contribute to

  7  their use of the judicial system. For purposes of this

  8  section, the term "social services" means the continuum of

  9  private and public services including, but is not limited to,

10  services related to the safety of the child or family,

11  education, health care, economic support, parenting,

12  employment, domestic violence, substance abuse, mental health,

13  law enforcement, and special needs of the children or adults.

14         (3)  The Legislature requests that social service

15  agencies cooperate with and participate in the collaboration

16  initiative.

17         (4)  Goals of the collaboration initiatives include,

18  but need not be limited to:

19         (a)  Improving the availability of social services for

20  children and families who are found in the court system to be

21  in need of services which will address their legal and

22  nonlegal problems.

23         (b)  Avoiding duplication of services from multiple

24  agencies that are responsible for assisting families.

25         (c)  Eliminating unnecessary delay in providing

26  appropriate services to children and families.

27         (d)  Improving communication between the social

28  services agencies and the courts.

29         (5)  The Legislature recognizes that the Supreme Court

30  has required each circuit to create a family law advisory

31  group to provide communication among all stakeholders in the

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  1  family court system and that many communities have existing

  2  initiatives for coordinating social services which have common

  3  or similar goals. Initiatives for collaboration should not

  4  duplicate these efforts, but instead, should use the family

  5  law advisory group and, to the fullest extent possible, use

  6  existing initiatives in the community for coordinating social

  7  services to accomplish the collaboration.

  8         (6)  The following elements are steps that may be used

  9  to guide the building of the partnership between the court

10  system and the social services system and to achieve the

11  purpose and goals of the collaboration initiative:

12         (a)  Gain knowledge of the services available in the

13  community for children and families.

14         (b)  Reach an understanding of each system's needs,

15  processes, operational parameters, goals, and expectations.

16         (c)  Reach consensus on the changed behaviors or

17  outcomes expected from services and reasonable timeframes for

18  delivering services.

19         (d)  Identify where limited funding and existing

20  priority populations result in lack of services.

21         (e)  Reach consensus on the roles of the court system

22  and social services systems in the identification, referral,

23  service provision, and follow-up phases of service delivery to

24  children and families.

25         (f)  Reach consensus on respective roles of the court

26  and individual social service agencies in implementing

27  individual service plans for families and children.

28         (g)  Determine the most appropriate form or model for

29  establishing partnerships within the community at a system

30  level and at the level of an individual child and family.

31         (h)  Determine the gaps in services and establish

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  1  partnerships to develop and implement needed services that

  2  address the identified gaps.

  3         (i)  Encourage greater flexibility in the court and

  4  social services systems and flexibility in funding in order to

  5  address the needs of children and families.

  6         (j)  Determine the changes in coordination or changes

  7  in the system which are necessary to improve the availability

  8  of services to children and families.

  9         (k)  Determine how the systems can be more accountable

10  for enforcing existing laws that positively impact children

11  and families in court.

12         (l)  Determine how the courts can use existing

13  evaluations performed by different social services agencies to

14  reduce the duplication of child and family evaluations needed

15  for decisionmaking by the court.

16         (m)  Encourage the exchange of information among social

17  service agencies and the courts in providing services to

18  children and families.

19         (7)  The Legislature requests that the Supreme Court

20  incorporate within the responsibilities of the Family Court

21  Steering Committee the duties of providing ongoing guidance to

22  the circuit courts' collaboration initiatives, identifying and

23  addressing statewide barriers to effective collaboration, and

24  identifying and implementing practices and policies that would

25  facilitate effective collaboration. For the purposes of this

26  state-level collaboration initiative, ongoing dialogue should

27  be established among the representatives of the circuit

28  courts, state agencies, and state organizations that represent

29  the public and private social services and that are or should

30  be participating in the community collaboration initiatives.

31         (8)  The Office of State Courts Administrator shall

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  1  submit to the President of the Senate and the Speaker of the

  2  House of Representatives a copy of the report required by the

  3  Supreme Court on the progress of the family law advisory group

  4  in each circuit. The Legislature requests that this report

  5  include the progress of the family law advisory groups as it

  6  pertains to developing communication and collaboration with

  7  the social services in the circuits. The report must also

  8  identify any barriers to effective collaboration and must

  9  include recommendations for legislation to facilitate the

10  building of the partnership between the circuit courts and

11  social services identified by the Family Court Steering

12  Committee's Committee. The first report must be submitted by

13  June 30, 2003.

14         Section 37.  (1)(a)  The Legislature finds that a

15  significant number of children served by the Department of

16  Juvenile Justice also come under the jurisdiction of the

17  Department of Children and Family Services, either

18  simultaneously or following placement with the Department of

19  Juvenile Justice. The children who cross the jurisdiction of

20  the Department of Juvenile Justice's delinquency system and

21  the Department of Children and Family Services' dependency

22  system often have difficulty or cannot access needed services

23  of one or both systems. These "cross-over" children include,

24  but are not limited to, children who have reached the maximum

25  time for detention or commitment and are locked out of their

26  homes, children who have committed domestic violence on

27  another family member and cannot return home, and children who

28  do not meet the criteria for detention.

29         (b)  The Legislature also finds that these children

30  also attend local schools that play a vital role in their

31  lives and the success of their interventions.

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1455

    Amendment No. 01 (for drafter's use only)





  1         (c)  The Legislature further finds that strong,

  2  productive coordination and cooperation among the Department

  3  of Juvenile Justice, the Department of Children and Family

  4  Services, and the Department of Education is essential to the

  5  goal of successfully serving these children.

  6         (2)  To that end, the Secretary of Juvenile Justice

  7  shall organize and act as the chairperson of an interagency

  8  workgroup involving, at a minimum, the Secretary of Children

  9  and Family Services and the Commissioner of Education. The

10  workgroup shall accomplish at least the following goals:

11         (a)  Identify issues that make it difficult to serve

12  "cross-over" children of the Department of Juvenile Justice

13  and the Department of Children and Family Services;

14         (b)  Identify issues involving local school districts

15  and these children and the role schools can play in assisting

16  the Department of Juvenile Justice and the Department of

17  Children and Family Services in serving these children;

18         (c)  Develop short-term and long-term strategies to

19  address these goals using the resources and authority

20  currently vested with these agencies, including, but not

21  limited to, sharing resources, timeframes for developing

22  aftercare plans, and joint planning for children who will move

23  from the jurisdiction of one agency to the jurisdiction of

24  another agency;

25         (d)  Identify any statutory, fiscal, and other

26  inhibitor to the short-term and long-term strategies and

27  develop proposals for removing those inhibitors; and

28         (e)  Develop and execute an interagency agreement

29  specifying protocols for handling the identified issues that

30  can be managed within existing authority and resources and

31  articulate a mutual plan for addressing the issues that

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1455

    Amendment No. 01 (for drafter's use only)





  1  require additional resources or authority, including the

  2  manner in which the Department of Juvenile Justice, the

  3  Department of Children and Family Services, and the Department

  4  of Education shall:

  5         1.  Establish a working relationship to provide

  6  appropriate services to the "cross-over" children and to

  7  ensure that the agencies' respective funds are spent in the

  8  most efficient manner possible;

  9         2.  Coordinate responses to court orders relative to

10  "cross-over" children, regardless of whether the circumstances

11  of the children and families fall or do not fall clearly

12  within the jurisdiction of one department;

13         3.  Handle the identified issues that can be managed

14  within existing authority and resources and articulate a

15  mutual plan for addressing the issues that require additional

16  resources or authority; and

17         4.  Conduct regular meetings, share information

18  concerning specific children and families, and resolve

19  disagreements between the departments regarding the

20  "cross-over" children and the administration of protocols.

21         (3)  The workgroup is encouraged to draw on the

22  expertise of appropriate groups such as the Florida Supreme

23  Court committees, the Florida Network of Youth and Family

24  Services, the Florida Association of Counties, local school

25  boards, the Florida Council for Behavioral Health, the Florida

26  Alcohol and Drug Abuse Association, and other groups in

27  addressing the issues identified by the workgroup. The

28  workgroup may form subcommittees to develop strategies for

29  addressing identified issues.

30         (4)  The Department of Juvenile Justice shall report on

31  the accomplishments of the workgroup in addressing each of the

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1455

    Amendment No. 01 (for drafter's use only)





  1  five identified goals and any others added by the workgroup.

  2  The report must include a copy of the interagency agreement

  3  and the plan for ensuring local adoption of the interagency

  4  agreement. The department shall submit a written report to the

  5  President of the Senate and the Speaker of the House of

  6  Representatives by January 31, 2003.

  7         Section 38.  (1)  In order for a unified family court

  8  model to function effectively, efficiently, consistently, and

  9  fairly, each participant in the unified family court model

10  must determine its information needs and assess its technology

11  support and resources for meeting those needs. The

12  participants in the family court model must cooperate and

13  collaborate to develop the most efficient and cost-effective

14  information system and to determine how to fund such a system.

15  That system should provide for collecting, storing,

16  retrieving, accessing, and sharing needed information.

17         (2)  The State Technology Office is encouraged to

18  assist the courts and clerks of courts in establishing a

19  workgroup by July 1, 2002, to develop an information system

20  based on the assessment of the information needs of the

21  participants in the unified family court model. The workgroup

22  should initially focus on processing information for

23  identifying, tracking, processing, and linking related cases

24  involving the same family members. The workgroup may also work

25  on other issues identified by the participants as facilitating

26  the operations of programs of the unified family court model

27  and facilitating the provision of services to families before

28  the court.

29         (3)  The final report of the workgroup should be

30  provided to the Legislature by February 1, 2003. The report

31  should identify, at a minimum, the information needs of the

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1455

    Amendment No. 01 (for drafter's use only)





  1  courts, the clerks of court, the agencies, and other

  2  stakeholders in programs of the unified family court model;

  3  the information technology needed to facilitate the provision

  4  and exchange of necessary information to, within, and from the

  5  court under a unified family court model; the information

  6  system that will meet those needs; the funding needs and

  7  funding sources; and any other recommendations for legislative

  8  action.

  9         Section 39.  If any provision of this act or its

10  application to any person or circumstance is held invalid, the

11  invalidity does not affect other provisions or applications of

12  the act which can be given effect without the invalid

13  provision or application, and to this end the provisions of

14  this act are severable.

15         Section 40.  This act shall take effect July 1, 2002.

16

17

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

19  And the title is amended as follows:

20         On page ,

21  remove:  entire title

22

23  and insert:

24                  A bill to be entitled

25         An act relating to family court reform;

26         providing legislative intent with respect to

27         developing a unified family court model to

28         facilitate the comprehensive resolution of the

29         legal and nonlegal needs of children and

30         families; creating the Commission on Family Law

31         and Children to develop a family code;

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1455

    Amendment No. 01 (for drafter's use only)





  1         providing for membership and staffing

  2         commission; providing for repeal of the

  3         commission; authorizing the Supreme Court to

  4         create a system to identify cases relating to

  5         individuals and families within the court

  6         system; amending s. 25.385, F.S.; redefining

  7         the terms "domestic violence" and "family or

  8         household member"; amending s. 39.013, F.S.;

  9         providing for modifying a court order in a

10         subsequent civil proceeding; amending s.

11         39.0132, F.S.; providing for limited

12         admissibility of evidence in subsequent civil

13         proceedings; amending s. 39.502, F.S., relating

14         to notice, process, and service; conforming a

15         cross-reference to changes made by the act;

16         amending s. 39.521, F.S.; providing for

17         modifying a court order in a subsequent civil

18         action or proceeding; amending s. 39.814, F.S.;

19         providing for limited admissibility of evidence

20         in subsequent civil proceedings; amending s.

21         44.1011, F.S.; redefining the term "family

22         mediation"; providing definitions for voluntary

23         mediation and presuit mediation; amending s.

24         44.1012, F.S., providing legislative intent

25         regarding continuum of alternatives to

26         litigation; creating s. 44.1025, F.S.;

27         providing for confidentiality concerning

28         certain disclosures in presuit and voluntary

29         mediations; amending s. 44.108, F.S.;

30         increasing the service charge for modification

31         of dissolution-of-marriage petitions to deposit

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1455

    Amendment No. 01 (for drafter's use only)





  1         moneys into state mediation and arbitration

  2         trust fund; requesting the supreme court to

  3         establish a process for filing and court

  4         approval of stipulated agreements without court

  5         appearances; creating s. 44.202, F.S.;

  6         providing for the establishment of

  7         presuit-mediation pilot programs and funding;

  8         amending s. 61.13, F.S.; providing for the

  9         court to determine matters relating to child

10         support in any proceeding under ch. 61, F.S.;

11         eliminating provisions authorizing the court to

12         award grandparents visitation rights; repealing

13         ss. 61.1302, 61.1304, 61.1306, 61.1308, 61.131,

14         61.1312, 61.1314, 61.1316, 61.1318, 61.132,

15         61.1322, 61.1324, 61.1326, 61.1328, 61.133,

16         61.1332, 61.1334, 61.1336, 61.1338, 61.134,

17         61.1342, 61.1344, 61.1346, 61.1348, F.S., the

18         "Uniform Child Custody Jurisdiction Act";

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

20         mediation of certain contested issues;

21         transferring and renumbering ss. 61.19, 61.191,

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

23         dissolution of marriage and actions for

24         divorce; amending s. 61.21, F.S.; revising the

25         timeframe for completing a parenting course;

26         creating part IV of ch. 61, F.S., the "Uniform

27         Child Custody Jurisdiction and Enforcement

28         Act"; providing purposes of part IV of ch. 61,

29         F.S.; providing definitions; providing for

30         proceedings governed under other laws;

31         providing for application to Indian tribes;

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1455

    Amendment No. 01 (for drafter's use only)





  1         providing for international application;

  2         providing for the effect of a determination of

  3         child custody; providing for expedited

  4         hearings; requiring notice to persons outside

  5         the state; providing for limited immunity;

  6         providing for communications between courts;

  7         authorizing the taking of testimony in another

  8         state; requiring preservation of records;

  9         providing for initial jurisdiction for

10         determining child custody; providing for

11         exclusive, continuing jurisdiction; providing

12         for jurisdiction to modify a determination;

13         providing for emergency temporary jurisdiction;

14         requiring notice; providing for an opportunity

15         to be heard; providing for joinder of parties;

16         providing for simultaneous proceedings;

17         authorizing the court to decline jurisdiction;

18         specifying the information to be submitted to

19         the court; providing for appearance of parties

20         and the child; providing for enforcement under

21         the Hague Convention; providing for temporary

22         visitation; requiring registration of a

23         determination of child custody; providing for

24         enforcement of a registered determination;

25         requiring expedited enforcement of a

26         determination of child custody; providing for a

27         hearing and court order; providing procedures

28         for obtaining a warrant to take physical

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

30         and expenses; providing for appeals; specifying

31         duties of the state attorney and law

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1455

    Amendment No. 01 (for drafter's use only)





  1         enforcement officers; providing for application

  2         and construction of the act; providing for

  3         application of laws with respect to a motion

  4         filed before the effective date of the act;

  5         amending ss. 63.052, 63.087, 63.102, F.S.,

  6         relating to adoption; conforming

  7         cross-references to the Uniform Child Custody

  8         Jurisdiction and Enforcement; transferring and

  9         renumbering s. 741.24, F.S., relating to civil

10         actions against parents; amending s. 741.28,

11         F.S.; redefining the terms "domestic violence"

12         and "family household member"; amending s.

13         741.30, F.S.; providing for an order of

14         temporary custody, visitation, or support to

15         remain in effect until the court enters a

16         permanent order; repealing ss. 753.001,

17         753.002, 753.004, F.S., relating to the Florida

18         Family Visitation Network; creating ss. 753.01,

19         753.02, 753.03, 753.04, 753.05, 753.06, 753.07,

20         753.08, 753.09, F.S.; providing legislative

21         intent with respect to administering supervised

22         visitation programs; defining terms; providing

23         for the development of standards for the

24         certification of supervised visitation

25         programs; requiring compliance with interim

26         minimum standards; providing for security of

27         the supervised visitation programs; requiring

28         the Clearinghouse on Supervised Visitation to

29         develop training materials; providing for the

30         clearinghouse to develop and implement a

31         mechanism for data collection; providing for

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1455

    Amendment No. 01 (for drafter's use only)





  1         the clearinghouse to develop standards for

  2         supervised visitation programs; requiring a

  3         report to the Legislature; amending s. 787.03,

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

  5         conforming cross-references to changes in the

  6         act; amending s. 943.135, F.S.; requiring the

  7         Criminal Justice Standards and Training

  8         Commission to allow agencies employing law

  9         enforcement officers to authorize volunteer

10         service as a means of fulfilling requirements

11         for continuing education; amending s. 943.171,

12         F.S., relating to basic skills training for

13         handling domestic-violence cases to incorporate

14         cross-reference to revised definitions for

15         "domestic violence" and "family household

16         member"; creating s. 943.254, F.S.; authorizing

17         law enforcement agencies to administer a

18         volunteer program for officers to provide

19         security services during off-duty hours for

20         certain community programs; authorizing the

21         Department of Revenue and the Office of State

22         Courts Administrator to obtain authorization

23         for the courts to use specified funds for

24         mediation services; providing an appropriation

25         to conduct certain studies; providing

26         legislative intent with respect to the

27         development of a collaborative initiative with

28         social service agencies by circuit judges;

29         providing for goals and elements of the

30         collaborative initiative; requesting that the

31         Supreme Court provide guidance to the circuit

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1455

    Amendment No. 01 (for drafter's use only)





  1         courts in developing the collaborative

  2         initiatives; requiring a report to the

  3         Legislature; requiring the Department of

  4         Juvenile Justice to organize an interagency

  5         workgroup; specifying the goals of the

  6         interagency workgroup; requiring a report to

  7         the Legislature on the accomplishments of the

  8         interagency workgroup; providing for a

  9         workgroup to develop an information system for

10         the unified family court model; providing for a

11         report to the Legislature; providing for

12         severability; providing an effective date.

13

14

15

16

17

18

19

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21

22

23

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